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4. Service of Notices/Orders. All notices/orders shall be served by personal service <br />or sent by certified mail and first class mail. Any notice/order served by mail shall be deemed <br />;. <br />received~for purposes of any time computations hereunder, three days after the date mailed, if to <br />an address within this state, and seven days after the date mailed, if to an address outside this <br />state. <br />5. Remedies not Exclusive. The enforcement mechanisms set forth herein are not <br />exclusive, and are in addition to any other remedies available under provisions of -the Eugene <br />Code, 1971 and federal and state law. <br />G. Appeals. <br />1. Following the procedures set forth in Section 2.021 of the Eugene Code, 1971, a <br />responsible person to whom a Notice of Violation or Notice of Civil Penalty is issued may appeal <br />the enforcement officer's determination to the Ciry Manager. The appeal must be in writing, filed <br />with the City Manager within 15 days from the date of the notice, and be accompanied by the fee <br />established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971. The <br />appeal shall state the name and address of the appellant, the nature of the determination being <br />appealed, the reason the determination is incorrect, and what the correct determination of the <br />appeal should be. Failure to file such a statement within 'the time or in the manner required <br />waives the appellant's objections, and the appeal shall be dismissed. At least ten days prior to the <br />hearing, the City shall mail notice of the time and place of the hearing to the appellant. The <br />hearings official shall hear and determine the appeal on the basis of the appellant's written <br />statement and any additional evidence deemed appropriate: The appellant may present testimony <br />and oral argument at the hearing either personally or by counsel. The hearings official shall issue <br />a written decision within ten days of the date of the hearing. The decision of the hearings official <br />is final, and may include a determination that the appeal fee be refunded to the appellant upon a <br />fmding by the hearings official that the appeal was not frivolous,. <br />2. The hearings official shall affirm the administrative civil penalty if the City had <br />authority to impose the administrative civil penalty, the Ciry substantially complied with <br />applicable procedures, and the amount of penalty was properly determined in accordance with this <br />rule. The hearings official may modify the amount of the civil penalty based on the record and <br />testimony received at the appeals hearing and the hearings off'icial's application of the evidence <br />to the criteria contained in R 2.018-C. The hearings official shall set aside the administrative civil <br />penalty only if the City did not have authority to impose an administrative civil penalty or if the <br />City substantially failed to comply with applicable procedures. <br />Dated and effective this ~ day of August, 1996. <br />n 0~ .~~~---~" <br />`~r <br />City Manager Pro Tem <br />Stormwater System Administrative Rule - 14 <br />