Ordinance 3360-13 - Laserfiche WebLink

E. An offender receiving an exclusion notice may request a hearing to have the exclusion notice rescinded or modified. The hearing examiner shall be an elected or pro tempore Everett municipal court judge, unless the mayor designates another as hearing examiner. The request for a hearing shall be delivered to the parks and recreation director or postmarked no later than seven days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. Immediately upon receipt of a request for hearing on an exclusion notice, department staff will forward the information directly to the Legal Department—Criminal Division (Prosecutor), who will cause the scheduling of the hearing and take reasonable steps to notify the offender of the date, time and place of the hearing. An exclusion notice should only be rescinded or modified following a hearing as described herein. F. The decision following a hearing is final. An offender seeking judicial review of the hearing examiner's decision must file an application for a writ of review in the Snohomish County Superior Court. G. The exclusion notice remains in effect during the pendency of any administrative or judicial proceeding. H. No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. I. It is the intent of the parks and recreation department that this section be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection B.1 can be corrected without resort to an exclusion notice. Section 39: General duty. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. Section 40: Savings. The enactment of this ordinance shall not affect any case, proceeding, appeal or other matter currently pending in any court or before the City or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended. 30