Chapter 6.40
APPEALS AND LIABILITY
Sections:
6.40.010 Appeals.
A. Appeal Period. A notice of impoundment and the declaration of final determination concerning a nuisance, abatement of a nuisance, a potentially dangerous dog or a dangerous dog are final determinations, unless appealed. An appeal must be filed within ten business days after the date of such final determination with the city clerk as provided in Chapter 1.20 BMC.
B. Waiver. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal final determinations concerning an impoundment, a nuisance, abatement of a nuisance, a potentially dangerous dog or a dangerous dog.
C. Scheduling of Hearing. Upon receipt of a timely filed notice of appeal, a hearing before the city council shall be scheduled not more than thirty days from the date of the filing of the notice of appeal. The city council, in its sole discretion, may opt to appoint a special hearing examiner to hear the appeal and make a final decision.
D. Stay of Determination and Enforcement Action While Appeal Pending. The determination that an animal is a nuisance, a potentially dangerous dog or a dangerous dog shall be stayed while an appeal is pending on such determinations, and the provisions of this title based upon such determinations shall not be enforced while an appeal is pending, except that if the animal has been impounded, then the provisions for impoundment under this chapter shall apply and the animal shall not be released, unless the court enters an order authorizing redemption of the animal upon payment of costs of confinement of such animal and the court determines it is otherwise safe to release the animal from confinement. Abatement of a nuisance under this chapter shall be stayed while an appeal is pending.
E. Written Hearing Statements May Be Filed. An appellant may file signed written statements that conform to the provisions of RCW 9A.72.085 concerning the matter being appealed, but such written statements must be filed with the city clerk at least seven business days in advance of the appeal hearing. Copies of such written statements so filed by the appellant shall be served upon the city attorney of record; by certified mail, return receipt requested, and by first class U.S. mail, postage prepaid. The city may file written statements as well concerning the matter being appealed, but such statements must conform to the provisions of RCW 9A.72.085 and must be filed with the city clerk at least five business days in advance of the appeal hearing. Copies of such written statements so filed by the city shall be served upon the appellant by certified mail, return receipt requested, and by first class U.S. mail, postage prepaid. Written statements that do not conform to the provisions of RCW 9A.72.085 and which are not timely filed and served shall not be considered at the appeal hearing.
F. Testimony at Appeal Hearing. Neither the appellant nor representatives of the city are required to testify at an appeal hearing. Either party or both may rely upon written statements timely filed and served as provided in subsection E of this section. If oral testimony is taken at an appeal hearing, it shall be under oath.
G. Decisions. The decision maker of an appellate hearing shall render written findings of fact and conclusions of law after the conclusion of the appeal hearing and copies of the decision shall be served on the parties to the appeal as provided in Chapter 1.20 BMC and this section. The decision maker may uphold, dismiss or modify an impoundment determination or a determination that an animal is a nuisance, a potentially dangerous dog or a dangerous dog. The decision maker may uphold, dismiss or modify determination concerning abatement of a nuisance. The decision so rendered after the conclusion of the appeal hearing shall be a final administrative decision appealable to the Snohomish County superior court within thirty days of the final written order as provided in Chapter 1.20 BMC. (Ord. 433 § 1 (Exh. A) (part), 2016)