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Ordinance 3901-22
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Ordinance 3901-22
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Last modified
11/17/2022 9:15:37 AM
Creation date
10/28/2022 8:24:39 AM
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Ordinances
Ordinance Number
3901-22
Date
10/19/2022
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C. Failure to appeal the notice and order or stop work order as provided in this section constitutes a <br /> waiver of all right to an administrative hearing and determination of the matter. <br /> 1.20.270 Waiver of Code Enforcement Appeal Fee. <br /> A. A person responsible for a violation of a code, on the basis of financial status, may request, in <br /> writing, a waiver of the appeal fee of a notice and order or stop work order made pursuant to <br /> Chapter 1.20 EMC if such financial status exists because: <br /> 1. The person responsible for violation of the code is currently receiving assistance under a <br /> needs-based, means-tested assistance program including, but not limited to, the <br /> following: federal Temporary Assistance for Needy Families; state-provided general <br /> assistance for unemployable individuals; federal Supplemental Security Income; federal <br /> poverty-related veteran's benefits; and food stamps programs; or <br /> 2. The person's household income is at or below 125 percent of the federal poverty <br /> guideline; or <br /> 3. The person's household income is above 125 percent of the federal poverty guideline and <br /> the applicant has recurring basic living expenses(as defined in RCW 10.101.010(2)(d))that <br /> render the person without financial ability to pay the appeal fee. <br /> B. A person responsible for the violation of the code seeking a waiver of the appeal fee pursuant to <br /> this section shall include written proof of financial status in the written request to waive the <br /> appeal fee,which shall be submitted along with the appeal. <br /> C. The Code Enforcement Officer shall consider and make a written determination of the waiver <br /> request prior to the appeal hearing. The city may schedule a hearing while the waiver request is <br /> being processed; provided, however,the city shall not conduct the hearing if a waiver request is <br /> denied until payment is made. <br /> 1.20.280 Hearing Examiner Appeal Hearing Procedures. <br /> A. Hearing Procedures.All appeal hearings shall be conducted in the manner set forth in this chapter <br /> and the Rules of Procedure before the hearing examiner of the city. <br /> B. Scheduling of Hearings.All complete appeals submitted and allowed pursuant to this chapter shall <br /> be scheduled for review by the city. Notice of the appeal hearing shall be delivered to the <br /> appellant at least 20 days prior to the start of the hearing and shall be delivered to the person <br /> named on the appeal pursuant to EMC 1.20.080(B). <br /> C. No Stay. Enforcement of any stop work order shall not be stayed during the pendency of an <br /> appeal. <br /> D. Cancellation of Hearing. Except in the case of a repeat violation; a violation which creates a <br /> situation or condition which cannot be corrected;or a violation posing an immediate risk or threat <br /> to persons, property or public safety,an appeal hearing may be canceled if the Code Enforcement <br /> Officer approves a fully completed remedy or corrective action at least forty-eight(48)hours prior <br />
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