1.20.120 Administrative Notice and Order – Administrative Appeal:
A. Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer shall be appealable to the Community Development Director or designee. Any dispute as to whether or not a violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued has been resolved so as to comply with the underlying city standard shall be appealable to the Community Development Director or designee so long as such appeal is filed before the penalty sum has reached five thousand dollars ($5,000).
B. How to Appeal. A person to whom a notice and order is issued pursuant to this chapter may appeal to the Community Development Director by submitting to him or her a written request within fourteen (14) calendar days from the date of service of the Notice of Violation and Order to Correct or Cease Activity. The written appeal notice must contain at a minimum the following information:
1. A brief statement of what is being appealed;
2. A statement of the relief sought and the reasons why the city official’s determination should be reversed, modified or set aside;
3. The property owner’s or violator’s current address;
4. Identification of any witness testimony, photographs, or documentary evidence to be presented; and
5. A statement or verification under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A.72.085.
C. Appeal Hearing. The Community Development Director, or his or her designee if he or she is unavailable, shall conduct the appeal hearing within seven (7) calendar days after receipt of the written notice requesting the initial appeal hearing. The Community Development Director or designee shall apply the evidentiary standard of a preponderance of the evidence and shall issue a written determination affirming, modifying, or rescinding the city official’s determination. A copy of his or her decision shall be provided to the property owner or violator requesting the initial appeal hearing by mailing to the address provided in subsection (B)(3) above.
D. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal.
E. Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. (Ord. 2870, 9/26/17; Ord. 2760, 4/14/15)