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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 /> that there was a violation under this chapter and that the penalty is reasonable. Copies of police reports, <br /> y alarm response request records shall be admissible in such actions. <br /> B. Decision of Hearing Examiner. <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 /> 2. The hearing examiner shall issue an order to the violator for the violation which contains the <br /> following information: <br /> a. The decision regarding the alleged violation including findings of fact and conclusions based <br /> thereon in support of the decision; <br /> b. The monetary penalty assessed; and <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 /> 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 /> 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 /> 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 arc 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 /> 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 /> Section 17. Everett Municipal Code Section 9.64.040(B) is hereby amended to read as follows: <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 <br />