14.41.070 Decision of the hearing examiner.
A. The hearing examiner shall adopt, decline to adopt or modify the city’s decisions, recommended penalties, and recommended decision regarding the alleged violation(s) and corrective action(s) and mail a copy of the decision to the owner and to the city within ten working days of the hearing, unless due to extraordinary circumstances additional time is needed.
B. The hearing examiner shall have authority to impose remedies for violation of this chapter. The hearing examiner shall issue an order to the person in charge responsible for the violation which contains the following information:
1. The decision regarding the alleged violation(s), including findings of fact and conclusions based thereon in support of the decision;
2. The required corrective action;
3. The date and time by which the correction must be completed;
4. The monetary penalties assessed based on the criteria in subsection C of this section;
5. Make any other order that will reasonably abate nuisance activities from occurring on the property, including authorizing the city to take action to abate nuisance activities from occurring upon the real property if other hearing examiner orders are not complied with or do not abate nuisance activity on the property and providing that the costs of such city action are to be paid for by the person in charge of the property;
6. Business license revocation, if any;
7. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.
C. Assessment of Monetary Penalty. Monetary penalties assessed by the hearing examiner shall be collected by any method in the full discretion of the city manager or designee, including but not limited to collections, liens and other legal actions.
1. The hearing examiner shall have the following options in assessing monetary penalties:
a. Assess monetary penalties; or
b. Assess some monetary penalties and hold some penalties in abeyance pending a grant of an opportunity to comply; or
c. Assess no monetary penalties.
2. In determining the monetary penalty assessment, the hearing examiner shall consider the following factors:
a. Whether the person in charge responded to the city’s attempts to contact the person and cooperated with efforts to correct the violation;
b. Whether the person in charge failed to appear at the hearing;
c. Whether the violation was a repeat violation;
d. Whether the person in charge showed due diligence and/or substantial progress in correcting the violation;
e. Whether a genuine code interpretation issue exists; and
f. Any other relevant factors.
D. Failure to Appear. If the person in charge to whom the complaint was issued fails to appear at the scheduled hearing, the hearing examiner will enter an order finding the violation as stated in the complaint, and ordering the appropriate remedies. The city may proceed to carry out the hearing examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that owner or person in charge.
E. Appeal of hearing examiner decision to the superior court of land use decision regarding use of the premises and/or buildings (real property). The city declares that the hearing examiner decision, pursuant to RCW 36.70C.020(c), due to the link to specific identifiable real property, is enforcement by the city of ordinances regulating the improvement, modification, maintenance, or use of real property. An appeal by the person in charge of the decision of the hearing examiner must be filed with the superior court within twenty-one calendar days from the date the hearing examiner’s decision under the process and standards of the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 1640 §1, 2023).