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<br />within ten days from the date of the notice of appeal. The hearing examiner shall conduct a hearing on <br />the notice of civil penalty in accordance with the provision of Chapter 1.20 EMC (Enforcement Procedures) <br />and the hearing examiner rules of procedure. To the extent a provision of Chapter 1.20 EMC or the hearing <br />examiner rules of procedure conflict with a provision of this chapter, this chapter will control. The chief <br />of police or designee and the violator to whom the notice of civil penalty was directed may participate as <br />parties in the hearing. The city shall have the burden of proof to show by a preponderance of the evidence <br />that there was a violation under this chapter and that the penalty is reasonable. Copies of police reports, <br />dispatch logs, and alarm company alarm response request records shall be admissible in such actions. <br /> <br />B. Decision of Hearing Examiner. <br /> <br />1. The hearing examiner shall affirm, vacate, or modify the city’s decisions regarding the alleged <br />violation and penalty and mail a copy of the decision to the violator and to the chief of police. <br /> <br />2. The hearing examiner shall issue an order to the violator for the violation which contains the <br />following information: <br /> <br />a. The decision regarding the alleged violation including findings of fact and conclusions based <br />thereon in support of the decision; <br /> <br />b. The monetary penalty assessed; and <br /> <br />c. The date and time by which the penalty shall be completed or paid and the manner and means <br />of payment after which the city may seek collection of funds. <br /> <br />C. Failure to Appear. If the violator to whom the notice of civil penalty was issued fails to appear at the <br />scheduled hearing, the hearing examiner will enter an order finding the violation as stated in the notice <br />of civil penalty, and ordering the appropriate monetary penalty. The city will carry out the hearing <br />examiner’s order and recover the monetary penalty. <br /> <br />D. Appeal to Superior Court. An appeal of the decision of the hearing examiner must be filed with superior <br />court within twenty calendar days from the date the hearing examiner’s decision was mailed to the <br />violator to whom the notice of civil penalty was directed, or is thereafter barred. <br /> <br />E. Collection of Monetary Penalty. The monetary penalty constitutes a personal obligation of the violators <br />to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the city <br />within thirty calendar days from the date of mailing of the hearing examiner’s decision or a notice from <br />the city that penalties are due. The city attorney or designee is authorized to take appropriate action to <br />collect the monetary penalty. The violator will be responsible for the costs of collection in addition to the <br />monetary penalty, except in the case of an alarm system monitored by an alarm company licensed to <br />provide alarm monitoring service for the alarm site where, at the city’s discretion, the monetary penalty <br />will be charged to the alarm company providing the alarm monitoring service. <br /> <br />Section 17. Everett Municipal Code Section 9.64.040(B) is hereby amended to read as follows: <br /> <br />B. Any person in charge of property that is a chronic nuisance property is in violation of this chapter and <br />subject to the remedies described herein, and to the enforcement procedures, remedies and penalties <br />set forth in Chapter 1.20, and to the enforcement procedures, remedies and penalties set forth in EMC