Laserfiche WebLink
<br />to the scheduled hearing commencement date. Accrued fines, penalties, and costs shall not be <br />affected by cancellation of the hearing. <br />E. Costs of Administrative Appeal. Whenever an enforcement action is affirmed or substantially <br />upheld on appeal, the hearing examiner shall assess to the appellant the amount of the costs <br />incurred by the city and the hearing examiner in litigating and processing the appeal before the <br />hearing examiner. These costs shall, without limitation, include those expenses incurred in <br />preparing for the appeal, issuing public notice as required under the code or hearing examiner’s <br />rules, general clerical expenses, staff, witness and hearing examiner preparation time, site <br />inspections, city attorney costs, including fees paid to outside counsel and consultants needed to <br />prosecute the appeal, and other expenses incurred by the city arising from the enforcement <br />action and/or violation. City litigation costs may be waived in whole or in part by the Code <br />Enforcement Officer if the responsible person has corrected or remedied the alleged violation at <br />least thirty (30) working days prior to the scheduled appeal hearing date and the Code <br />Enforcement Officer verified in writing the adequacy of the corrective action. Accrued fines and <br />penalties to the date of verified correction or remedy shall not be waived. <br />1.20.290 Decision of the Hearing Examiner. <br />A. Within twenty (20) days of the hearing, the hearing examiner shall issue a written decision based <br />on the whole record, and include but not be limited to the following: which includes the following <br />information: <br />1. Background. The nature and background of the proceeding, including identification of <br />party representatives participating in the hearing, prehearing determinations, and other <br />similar information. <br />2. Findings. The facts that the hearing examiner finds relevant, credible, and requisite to the <br />decision, based on the record of the proceedings. <br />3. Conclusions. Legal and factual conclusions, including assessment of civil penalties, based <br />upon specific provisions of law and the findings of fact. <br />4. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse). <br />B. The hearing examiner shall cause a copy of the decision to be served on the parties pursuant to <br />EMC 1.20.080(B). <br />C. The decision of the hearing examiner shall be final unless appealed pursuant to this section. To <br />appeal the decision of the hearing examiner, a person with standing to appeal must file a land use <br />petition, as provided in Chapter 36.70C RCW within twenty-one (21) days of issuance of the <br />hearing examiner’s decision. The cost for transcription of all records ordered certified by the <br />Superior Court for such review shall be borne by the appellant and is nonrefundable. <br />D. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final <br />decision of the city, and the failure to comply with the decision of the hearing examiner shall <br />constitute a misdemeanor punishable by a fine of not more than $1,000 or up to ninety (90) days’ <br />imprisonment, or both. In addition to criminal punishment pursuant to this subsection, the city <br />may pursue collection, liening the property, and abatement as provided in this chapter.