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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 />6. Administrative Compliance Order The enforcement officer may issue an <br />Administrative Compliance Order for any violation. The Order shall be in writing, specify the <br />violation(s) and require compliance measures. The Order may also include an Administrative <br />Civil Penalty for the violation. <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 <br />appeal the enforcement officer's determination to the City Manager. The appeal must be in <br />writing, filed with the City Manager within 15 days from the date of the notice, and be <br />accompanied by the fee established by the City Manager pursuant to Section 2.020 of the <br />Eugene Code, 1971. The appeal shall state the name and address of the appellant, the nature of <br />the determination being appealed, the reason the determination is incorrect, and what the correct <br />determination of the appeal should be. Failure to file such a statement within the time or in the <br />manner required waives the appellant's objections, and the appeal shall be dismissed. At least <br />ten days prior to the hearing, the City shall mail notice of the time and place of the hearing to the <br />appellant. The hearings official shall hear and determine the appeal on the basis of the <br />appellant's written statement and any additional evidence deemed appropriate. The appellant <br />may present testimony and oral argument at the hearing either personally or by counsel. The <br />hearings official shall issue a written decision within ten days of the date of the hearing. The <br />decision of the hearings official is final, and may include a determination that the appeal fee be <br />refunded to the appellant upon a finding by the hearings official that the appeal was not <br />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 City substantially complied with <br />applicable procedures, and the amount of penalty was properly determined in accordance with <br />this rule. The hearings official may modify the amount of the civil penalty based on the record <br />and testimony received at the appeals hearing and the hearings official's application of the <br />evidence to the criteria contained in R- 2.018 -C. The hearings official shall set aside the <br />administrative civil penalty only if the City did not have authority to impose an administrative <br />civil penalty or if the City substantially failed to comply with applicable procedures. <br />H. Reports Required by EC 6.615(4) <br />Reports verifying that the stormwater facility is and has been operated and maintained <br />Administrative Order - Page 11 of 12 <br />