Chapter 7.80
APPEALS
Sections:
7.80.030 Hearing examiner decision.
7.80.040 Appeal of hearing examiner decision.
7.80.050 Cost of court appeal.
7.80.060 Stay of daily monetary penalties.
7.80.010 Notice of appeal.
A. The person(s) responsible may file a written request for appeal with the city clerk within seven business days of the date of service of:
1. A notice of code violation issued pursuant to Chapter 7.30 EMC;
2. A stop work, cease activity, and/or emergency order issued pursuant to Chapter 7.40 EMC; or
3. A notice of assessment issued pursuant to Chapter 7.70 EMC.
B. The appeal shall identify the applicable notice or order being appealed and the basis for the appeal, and include payment of the appeal fee as set forth in the city of Edgewood fee schedule.
C. The city clerk shall transmit the appeal to the hearing examiner. Any appeal under this section shall be heard by the hearing examiner of the city in accordance with EMC 2.40.090 for review of such decision.
D. If an appeal is not timely filed, the applicable notice or order shall be final. (Ord. 23-658 § 5 (Exh. A)).
7.80.020 Appeal hearing.
Upon receipt of an appeal, the hearing examiner shall schedule an appeal hearing to occur no sooner than 10 days nor later than 30 days of the filing of a notice of appeal, unless otherwise agreed by the parties. Notice of the hearing shall be sent by the hearing examiner to the appellant and/or the person(s) named on the applicable notice and order being appealed by personal service or regular mail, or as may be otherwise requested by the parties. At or after the appeal hearing, the hearing examiner may:
A. Sustain the applicable notice or order;
B. Withdraw the applicable notice or order;
C. Reduce the penalty amount;
D. Continue the review to a date certain for receipt of additional information; and/or
E. Modify the applicable notice or order, which may include an extension of the compliance date. (Ord. 23-658 § 5 (Exh. A)).
7.80.030 Hearing examiner decision.
The hearing examiner shall issue a written decision on any appeal within 10 business days of the hearing, unless the hearing examiner informs the parties in advance of the need for additional time and provides a date that the decision will be issued. The hearing examiner shall provide a copy of the decision to the city, the appellant, and any other parties of record by personal service or regular mail, or as may be otherwise agreed by the parties. The decision of the hearing examiner shall be final and conclusive unless appealed. (Ord. 23-658 § 5 (Exh. A)).
7.80.040 Appeal of hearing examiner decision.
Decisions of the hearing examiner may be appealed to the Pierce County superior court. Notice of appeal shall be filed and served on all necessary parties within 21 calendar days of the date of decision. Notice of the appeal and any other pleadings required to be filed with the court to initiate the appeal shall be served on the parties within the applicable time period. If the 21-day period ends on a weekend or on a holiday, the following business day shall be the twenty-first day. The appeal shall be a closed record appeal based on the administrative record. (Ord. 23-658 § 5 (Exh. A)).
7.80.050 Cost of court appeal.
The cost of transcribing and preparing all records necessary for appeal under EMC 7.80.040 shall be paid for in advance by the appellant. (Ord. 23-658 § 5 (Exh. A)).
7.80.060 Stay of daily monetary penalties.
Any ongoing daily monetary penalties imposed pursuant to a notice of code violation issued pursuant to Chapter 7.30 EMC, an order issued pursuant to Chapter 7.40 or 7.50 EMC, or notice of assessment issued pursuant to Chapter 7.70 EMC shall not be stayed unless a timely appeal is filed pursuant to this chapter. (Ord. 23-658 § 5 (Exh. A)).