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(1) Rules of Procedure. Procedures for the conduct of all hearings provided in this chapter are those established by the Washington State Supreme Court in the IRLJ.

(2) Counsel. A person subject to proceedings under this chapter may be represented by counsel. The attorney representing the city may appear in any proceedings under this chapter, but need not appear, notwithstanding a statute or rule of court to the contrary.

(3) Contested Determination.

(a) A hearing held to contest the determination that an infraction has been committed shall be without a jury.

(b) The court may consider the notice of infraction and any sworn statements submitted by the authorized representative who issued and served the notice in lieu of his or her personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the authorized representative who has issued and served the notice, and has the right to present evidence and examine witnesses present in court.

(c) The burden of proof is on the city to establish the commission of the infraction by a preponderance of evidence.

(d) After consideration of the evidence and argument, the court shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court’s records. If it has been established that a civil infraction has been committed, an appropriate order shall be entered in the court’s records.

(e) An appeal from the court’s determination or order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the superior court is subject only to discretionary review pursuant to the Rules of Appellate Procedure. (Ord. 529 § 1, 2018)