1.25.140 Administrative notice and order – Appeal – Hearing examiner decision.
(1) The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.
(2) The hearing examiner shall issue an order to the person responsible for the violation which contains the following information:
(a) The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;
(b) The required corrective action;
(c) The date by which the correction must be completed;
(d) The monetary penalties assessed based on the provisions of this chapter;
(e) The date after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.
(3) Assessment of Monetary Penalty. Monetary penalties assessed by the hearing examiner shall be in accordance with the monetary penalty schedule in ECMC 1.25.100(6).
(4) Abatement. Where action to abate the violation is required, the hearing examiner shall give substantial weight to the city’s determination regarding the nature of any such action required, and whether such action has been satisfactorily performed.
(5) Notice of Decision. The hearing examiner shall mail a copy of the decision, including findings of fact, conclusions, and order, to the applicable department director within 14 working days of the hearing. The city shall forward a copy of the decision to the appellant no later than two working days after its receipt of the decision.
(6) Judicial Review. Judicial review of a decision by the hearing examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within 21 days of the date of the decision. For purposes of this section, “aggrieved or adversely affected” shall have the meaning set forth in RCW 36.70C.060(2).
(7) Effect of Decision. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final decision of the city, and the failure to comply with the decision of the hearing examiner shall constitute a civil violation punishable by a fine of not more than $5,000. In addition to civil penalties pursuant to this subsection, the city may pursue collection and abatement as provided in this chapter. (Ord. 529 § 1, 2018)