Ordinance 3901-22 - Laserfiche WebLink

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