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Ordinance 1780-91
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Ordinance 1780-91
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9/28/2017 9:29:26 AM
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Ordinances
Ordinance Number
1780-91
Date
4/24/1991
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Hearing Examiner may exclude incompetent, irrelevant, <br /> immaterial and unduly repetitious evidence. Factual <br /> issues shall be resolved by a preponderance of <br /> evidence standard. <br /> 2. Documentary evidence may be received in the form of <br /> copies or excerpts or by incorporation by reference. <br /> 3. Every party shall have the right of cross-examination <br /> of witnesses who testify and shall have the right to <br /> submit rebuttal evidence; provided that the <br /> Violations Hearing Examiner may control the manner <br /> and the extent of cross-examinations and rebuttal . <br /> 4. The Violations Hearing Examiner may take notice of <br /> judicially cognizable facts. <br /> H. The Violations Hearing Examiner shall determine the <br /> effective date of CEASE AND DESIST ORDERS and any required <br /> abatement, taking into consideration reasonable notice to <br /> affected parties. <br /> I . Judicial Review: <br /> 1 . Any party, including the City, aggrieved by a CEASE <br /> AND DESIST ORDER or final decision of the Violations <br /> Hearing Examiner, is entitled to review thereof in <br /> the Snohomish County Superior Court; provided that <br /> any petition for review shall be filed no later than <br /> fifteen (15) days after the effective date of the <br /> ORDER. Service of an ORDER may be made by mailing to <br /> the last-known address of a named party or as <br /> otherwise provided in this ordinance. <br /> 2. Copies of the petition for review shall be served as <br /> in all civil actions. <br /> 3. The filing of the petition shall not stay enforcement <br /> of a CEASE AND DESIST ORDER and any required <br /> abatement except by order of the Superior Court and <br /> on posting of a bond to be determined by the court <br /> naming the City as beneficiary. <br /> 4. The review shall be conducted by the court without a <br /> jury. The record shall be satisfied by a narrative <br /> report certified by the Violations Hearing Examiner <br /> and no verbatim record of proceedings before the <br /> Violations Hearing Examiner shall be required to be <br /> presented to the Superior Court. <br /> 8 <br />
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