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Ordinance 2335-98
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Ordinance 2335-98
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Ordinances
Ordinance Number
2335-98
Date
9/30/1998
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E. Violations hearing examiner(s) shall be responsible for presiding over all hearings on <br /> violation citations as well as other administrative matters over which they may be <br /> requested to preside. <br /> F. Violations hearing examiner(s) shall have the power to: <br /> 1. Administer oaths and affirmations and examine witnesses; <br /> 2. Issue subpoenas upon the request of any party. A violations hearing examiner's <br /> designated agent, the City Attorney and any officer authorized to enforce this Chapter are <br /> also authorized to issue subpoenas. When so required, the applicant for the subpoena <br /> shall show to the satisfaction of such individual the general relevance and reasonable <br /> scope of the evidence sought; <br /> 3. Rule on offers of proof; admit and give probative effect to evidence which <br /> possesses probative value commonly accepted by reasonably prudent men in the conduct <br /> of their affairs. Violations hearing examiner(s) shall give effect to the rules of privilege <br /> recognized by law. Violations hearing examiner(s)may exclude incompetent, irrelevant, <br /> immaterial, and/or unduly repetitious evidence. Factual issues shall be resolved by a <br /> preponderance of evidence standard. Documentary evidence may be received in the form <br /> of copies or excerpts or by incorporation by reference. Violations hearing examiner(s) <br /> may also take notice of judicially cognizable facts. <br /> 4. Establish rules and procedures to conduct hearings consistent with this <br /> Chapter; <br /> 5. Regulate the course of the hearing, including granting of continuances, <br /> imposition of penalties for disruption of the orderly process or refusal to comply with <br /> lawful orders of the violations hearing examiner; <br /> 6. Hold conferences for the settlement or simplification of the issues by consent <br /> of the parties; <br /> 7. Make decisions which can be incorporated into findings of fact, conclusions of <br /> law and order of the violations hearing examiner and enter orders of default and consent <br /> orders. The orders may include the following: <br /> a. A requirement that ordinance violations be abated in accordance with <br /> the manner prescribed by the violations hearing examiner; <br /> b. Imposition of a monetary penalty as set forth in this Chapter; <br /> c. Suspension of any portion or all of the monetary penalty, conditions of <br /> said suspension, and the period of time for which the violator must comply with <br /> said suspension; <br /> d. Authorization for the City or its designated agent to undertake and <br /> complete abatement,without further order of the violations hearing examiner, if <br /> the violation has not been completely abated within the time period set forth in the <br /> order; <br /> e. Authorization for the City to assess the costs against the person(s) to <br /> whom the violation citation was issued in any manner to which it is entitled by <br /> law; and <br /> f. A statement notifying the person(s)to whom the order is issued that the <br /> procedure for filing an appeal is set forth in Chapter 36.70C RCW. <br /> 8. Assess costs of fifty dollars ($50) against any person(s)to whom a violation <br /> citation is issued who has not completed the corrective action required therein by the <br /> required date; and <br /> 8 <br />
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