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• (B) The Enforcement Order was issued in violation of, or is inconsistent with a rule; (C) The Enforcement Order is not supported by a factual basis; or (D) The Enforcement Order is in violation of other applicable federal, state or local law. The notice of appeal SHALL be accompanied by an appeal fee, as established by resolution of the Salem City Council. The appeal fee is not refundable unless the Hearings Officer finds that this Enforcement Order was not well founded in law or fact, in which case the appeal fee shall be refunded in full. ANY NOTICE OF APPEAL FILED AFTER THE TIME PERIOD SET FORTH ABOVE SHALL BE DISMISSED BY THE HEARINGS OFFICER AS UNTIMELY. FAILURE TO FILE A NOTICE OF APPEAL SHALL BE A WAIVER OF ALL RIGHTS TO REVIEW THIS ENFORCEMENT ORDER. 2. HEARING ON APPEAL: Upon the filing of a notice of appeal, the Hearings Officer shall set a time, date, and place for-the hearing. The date shall be not less than twenty (20) business days nor more than sixty (60) business days after the date the notice of appeal is filed. The Hearings Officer may postpone, continue or reschedule the hearing with the consent of all parties or upon the motion of any party for good cause shown. 3. FINALITY OF ENFORCEMENT ORDER: This Enforcement Order shall become final upon expiration of the time for filing a notice of appeal. If a notice of appeal is timely filed, this Enforcement Order shall become final upon issuance of the Hearing Officer's decision affirming the Enforcement Order. Dated at Salem, Oregon, this the 9th day of June, 2023. Suzanne . eynolds Keith Shiro • Code Compliance Manager AIC Piilding Official City of Salem City of Salem 555 Liberty St. SE, Room 320 555 Liberty St. SE, Room 320 Salem, OR 97301 Salem, OR 97301 (503) 588-6421 (503) 588-6256 Page 5 of 10: Enforcement Order to Abate