Ordinance 3901-22 - Laserfiche WebLink

B. Final Decisions. Final decisions become effective on the day after the appeal period expires unless an appeal is filed. C. Standing. The following parties have standing to appeal a notice and order or stop work order: 1. The owner of the property subject to a notice and order or a stop work order;and 2. The person cited in the notice and order or stop work order. D. Burden of proof. Unless otherwise provided by law, (1)the determination by City staff issuing the determination shall be accorded substantial weight, and (2) the appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. 1.20.260 Time for and Contents of an Appeal to the Hearing Examiner. A. Any appeal to the hearing examiner shall be received no later than 14 calendar days after the notice and order or stop work order has been served. Except for stop work orders, receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached or unless otherwise ordered by the hearing examiner. The appeal shall include: 1. The case/file number designated by the city and the name of the appellant; 2. The name and signature of each appellant or their authorized representative and a statement showing that each appellant has standing to file the appeal pursuant to EMC 1.20.250(C); 3. The address and contact information where notices can be sent to the appellant; 4. The stop work order or notice and order complained of; provided that when multiple enforcement actions have been issued simultaneously for any set of facts constituting one or more violations, only one appeal of all such enforcement actions shall be allowed; 5. A concise statement of the issues appealed, the basis for relief, and relief requested by the appellant; and 6. The appeal fee in the amount of $500. The fee may be refunded only if the appellant requests withdrawal of the appeal in writing at least 15 calendar days before the scheduled appeal hearing date or pursuant to EMC 1.20.260(B). B. A person responsible for a code violation who successfully appeals the notice and order or stop work order by having the hearing examiner rule in their favor shall be refunded the appeal fee within 45 days. C. The Code Enforcement Officer may administratively deny an appeal as untimely if the appellant fails to conform to the requirements contained in EMC 1.20.260(A), including failure to pay the appeal fee. The administrative denial shall be in writing and served in compliance with EMC 1.20.080(B). Appeals of the Code Enforcement Officer's decision shall be to superior court in conformance with Chapter 36.70C RCW.