14.41.060 Hearing examiner process for determination of violations penalty and abatement requirements.
A. Except as provided in this section, in addition to any other sanction or remedial procedure that may be available, the person in charge is subject to a civil penalty of $500.00 for every chronic behavioral public nuisance violation by the process more specifically described in this section. Proof is by a preponderance of the evidence. Exception: Each violation of the correction agreement described in LMC 14.41.030 is subject to a penalty of up to $1,000.00.
The complaint against a person in charge shall be filed with the city of Lacey hearing examiner and subject, by substantial compliance, to the requirements in subsections B and C of this section.
B. Complaint to the Hearing Examiner. The city shall file a complaint with the hearing examiner. Content of the complaint shall include the following:
1. The name and address of the owner responsible for the violation;
2. The street address or description sufficient for identification of the building, structure, premises, or land upon which the violation has occurred or is occurring;
3. A description of each violation and a reference to the provision(s) of this chapter that has been violated;
4. The required corrective action and the date and time by which the correction must be completed to avoid a hearing;
5. The complaint shall state the date, time, and location of an administrative hearing before the hearing examiner, which will be at least ten days from the date of the complaint;
6. A statement that the costs and expenses of abatement incurred by the city and a monetary penalty for each violation as specified in LMC 14.41.060 may be assessed against the person in charge to whom the complaint is directed as specified and ordered by the hearing examiner and that the fines may be placed as liens on the land pursuant to RCW 4.56.020 and 35A.21.405 and any other authority;
7. The prior notice of violation pursuant to LMC 14.41.030 of chronic behavioral nuisance property, if any should be attached to the complaint; and
8. Recommended penalties, as referred to in LMC 14.41.030 and 14.41.060, to be adopted by the hearing examiner.
C. Hearing Examiner Process.
1. Hearing. A hearing will be scheduled by the community and economic development staff in consultation with the police department.
2. Procedure. The hearing examiner shall conduct a quasi-judicial hearing on the complaint pursuant to the rules of procedure of the hearing examiner. City staff and the owner to whom the complaint was directed, and their attorney(s) if any, may participate as parties in the hearing. Each party may call witnesses. The city shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic behavioral public nuisance property under this chapter and that the corrective action is reasonably calculated to abate the chronic nuisance. Copies of police incident reports and reports of other city departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property’s general reputation and the reputation of persons residing in or frequenting the property shall be admissible in such actions. At the request of the city, the hearing examiner may allow testimony from the general public that relates to the chronic behavioral public nuisance case. The hearing examiner may place reasonable limits on such testimony. The city may also call neighbors and others as witnesses regarding the chronic behavioral public nuisance. (Ord. 1640 §1, 2023).