2022/10/12 Council Agenda Packet

5. Within two working days after the hearing, the hearing examiner hall notify the licensee in writing of his/her the hearing examiner’s determination and reasons therefor. Such decision of the hearing examiner shall be final and conclusive as of the date set forth in the decision, unless within fifteen days following the effective date of the hearing examiner’s decision the licensee obtains a writ of certiorari from the Superior Court of Washington for Snohomish County for purpose of review of the hearing examiner’s decision. If the licensee obtains such a writ of certiorari, the decision of the hearing examiner will be stayed until a final judicial determination on the merits is reached. If the licensee fails to obtain such a writ of certiorari within fifteen days following the effective date of the hearing examiner’s decision, the city attorney may invoke the aid of the appropriate court to secure enforcement and compliance with the hearing examiner’s decision. Section 7. Everett Municipal Code Section 5.128.090 is hereby amended to read as follows: A. The city clerk may suspend or revoke any license issued pursuant to this chapter for a period of time not to exceed one year where one or more of the following conditions exist: 1. The license was provided by fraud or false representation of fact in the application or in any report or record required to be filed with the clerk; 2. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter; 3. The licensee, his or her the licensee’s employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. B. The procedure for revoking or suspending a license under this chapter shall be the following: 1. Upon determining that grounds for revocation or suspension exist, the city clerk shall send the licensee a notice of intent to revoke or suspend the license. 2. Such notice shall set forth the grounds for suspension or revocation and schedule a hearing before the clerk or his/her the clerk’s designee, with the clerk or such designee serving as the hearing examiner. 3. The hearing shall be held no earlier than ten and no later than thirty days from the date of notice of intent to revoke. 4. The licensee shall be permitted to present evidence in support of his the licensee’s position at the hearing. 5. Within two working days after the hearing, the hearing examiner shall notify the licensee in writing of his/her the hearing examiner’s determination and reasons therefor. The decision of the hearing examiner will be stayed pending a final judicial determination on the merits, unless the licensee fails to obtain a writ of certiorari or other judicial review from the superior court of the state of Washington for Snohomish County within fifteen days of the effective date of the