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(1) The owner or party in interest may file an appeal of the building official’s order with the hearing examiner within 30 days after the posting and service of the building official’s order. The filing of the notice of appeal shall stay the order of the building official except for temporary measures required to protect against immediate danger to the public health and safety.

(2) The hearing examiner or designee shall set the appeal hearing within not less than 10 nor more than 30 days after the appeal has been filed and shall notify the appellant.

(3) The hearing examiner shall conduct a full and fair review of the record of the proceedings before the building official, and the action taken. The hearing shall be on the record and not de novo.

(4) The hearing examiner may affirm, modify, reverse, or return with directions the action or decision appealed in the event he or she finds an error of law or the record is not supported by substantiated evidence.

(5) At the conclusion of the hearing the hearing examiner shall issue a written decision describing the decision or action appealed, making written findings of fact and stating the reasons for his or her decision, and making an appropriate order or orders, notify the appellant in writing of his or her action, and file the decision, findings, and orders with the Grant County auditor. A transcript of the hearing examiner’s decision, findings, and orders shall be made available to the appellant, on demand. The decision, findings, and orders of the hearing examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the building official.

(6) The hearing examiner shall enter his or her final decision within 60 days of the filing of the notice of appeal unless the appellant consents to a continuance.

(7) The hearing examiner may promulgate additional written rules of procedure for the conduct of proceedings, to ensure a prompt and thorough review of appeals.

(8) The owner or party in interest may petition the Grant County superior court for an injunction restraining the city from carrying out the provisions of the order by filing an action within 30 days after the posting and service of the hearing examiner’s order. In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo. (Ord. 594 § 1, 2022)