Chapter 2.80
UNIFORM CODE ENFORCEMENT PROCEDURES

Sections:

ARTICLE I. GENERAL PROVISIONS

2.80.010    Purpose and summary.

2.80.020    Applicability.

2.80.030    Definitions.

ARTICLE II. ENFORCEMENT PROCEDURES

2.80.110    Requirement and responsibility to comply with enforced codes.

2.80.120    Alternative enforcement procedures.

2.80.130    Required elements of notices and orders.

2.80.140    Service of notices and orders.

2.80.150    Prohibition against issuance of permits.

2.80.160    Monetary penalties and costs.

2.80.170    Inspection – Notice of compliance.

ARTICLE III. APPEALS

2.80.210    Administrative appeal to the city administrator.

2.80.220    Quasi-judicial appeal to the hearing examiner.

2.80.230    Judicial appeal to superior court.

ARTICLE I. GENERAL PROVISIONS

2.80.010 Purpose and summary.

The purpose of this chapter is to establish a uniform administrative system to enforce the Chelan Municipal Code to ensure the citizenry’s health, safety, and welfare, without undue delay, and to ensure a violator is afforded due process, all under the authority of, without limitation, Article XI, Section 11 of the Washington Constitution (Enforcement of Police and Sanitary Regulations), RCW 35A.21.160 (General Laws Applicable to Code Cities), Chapter 7.80 RCW (Civil Infractions) and RCW 35A.63.170 (Hearing Examiner System). Any duty created by this chapter is a general duty running in favor of the public, and does not accrue in favor of an individual. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.020 Applicability.

The enforcement provisions of this chapter shall apply to the codes adopted under Section 15.04.020, the licenses under Title 3, and any violation of the Chelan Municipal Code that is not designated as a misdemeanor or civil infraction, which shall be referred to in this chapter as an “enforced code.” In the event of a conflict between this chapter and an enforced code, this chapter shall control. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.030 Definitions.

Except as otherwise provided in this section, all terms shall have the meaning as defined by the enforced codes, or in the absence of specific definition, terms shall be defined by their plain meaning.

“Abate” means to repair, replace, remove, destroy or otherwise remedy a violation by such means and in such a manner and to such an extent as the enforcement officer, in their judgment, determines is necessary, in the interest of the general health, safety and welfare of the community;

“Appellant” means a person appealing the decision of the enforcement officer or city administrator, pursuant to the provisions of Sections 2.80.210 and 2.80.220;

“Costs” means the costs incurred by the city enforcing an enforced code, including, without limitation, the issuance of a notice or order; the service of a notice or order; the enforcement of a notice or order; inspections to whether a violation exists and/or has been corrected; or abating a violation, all including costs of independent contractors and attorneys’ fees.

“Enforced code” means any provision referenced in Section 2.80.020.

“Enforcement officer” means the officer or employee of the city responsible for the interpretation and/or enforcement of an enforced code. “Enforcement officer” shall include, but is not limited to, the city administrator, a director or employee or contractor designated by the mayor, city administrator or director.

“Hearing examiner” means the hearing examiner described in Chapter 2.15.

“Monetary penalties” means the penalties that accrue as a result of a violation, as set out in Section 2.80.160.

“Notices and orders” mean the notices and orders identified in Section 2.80.120, wherein a violation is identified and a response by the violator is requested.

“Nuisance vehicle” means any inoperable vehicle or junk vehicle as defined in Chapter 10.38.

“Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including tenants, the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, as well as a bankruptcy trustee.

“Permit” is synonymous with the term “license” and means any written authorization issued by the city upon an application by any person.

“Person” means an individual, male or female, a firm, partnership, association, institution or corporation or any other group acting as a unit.

“Violation” means any condition, act, failure to act or omission that violates the standards and requirements of an enforced code.

“Violator” means a person responsible for a violation. (Ord. 1502 § 2 (Exh. A) (part), 2015).

ARTICLE II. ENFORCEMENT PROCEDURES

2.80.110 Requirement and responsibility to comply with enforced codes.

A. The enforced codes were adopted pursuant to the city’s police powers to protect the public’s health, safety, and welfare. It is mandatory to comply with the provisions of the enforced codes.

B. It is unlawful for any person to violate any enforced code. In addition to the violator, there is a rebuttable presumption that the owner of a vehicle, building, structure, premises, personal property or land upon or within which a violation has occurred or is occurring is also responsible for the violation, so long as the owner had or has actual or constructive knowledge of the violation at the time the violation occurred or is occurring.

C. Any adult who is responsible for the care or supervision of a juvenile less than eighteen years of age is liable for any violation of the enforced codes committed by the juvenile, so long as the responsible adult had or has actual or constructive knowledge of the violation at the time the violation occurred or is occurring. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.120 Alternative enforcement procedures.

Upon determining a violation has occurred or is occurring, the enforcement officer, in the enforcement officer’s opinion of the determination of the seriousness and severity of the violation, may utilize one or a combination of the following enforcement procedures, as well as any other remedies available under law, in order to abate the violation:

A. Correction Notice. The enforcement officer may issue a correction notice requiring a violator abate a violation by a specific date. The correction notice may not impose monetary penalties or costs and is not subject to appeal.

B. Correction Order. The enforcement officer may issue a correction order requiring a violator abate a violation be corrected by a specific date. The correction order may impose monetary penalties and costs according to Section 2.80.160.

1. A failure to comply with the requirements of a correction order constitutes a second or subsequent violation and may result in the issuance of an additional notice or order.

2. It shall be a separate violation for each and every day or portion thereof during which any violation occurs.

C. Revocation Order. The enforcement officer may issue a revocation order revoking a permit, or ordering activity conducted pursuant to a permit to cease, when the enforcement officer determines any one or more of the following exists:

1. The permittee is not complying with the terms of the permit, license or approved plans;

2. The permit or license was issued in error, either of law or fact;

3. The activity for which the permit or license was issued constitutes an illegal activity;

4. The permit or license was procured by fraud or the false representation of facts, misleading statements, evasions or the suppression of material facts; or

5. The condition or activity which is the subject of the permit or license is a hazard to the public health, safety, or welfare.

D. Abatement. The enforcement officer may abate a violation. The process the enforcement officer abates a violation is based upon the type of violation, and the enforcement officer’s reasonable opinion of the violation’s impact upon the health and safety of the public, as follows:

1. Abatement upon Notice. When the violator is known and can be notified of the violation, the enforcement officer may abate a violation upon the failure of the violator to abate the violation after the following periods of alternative notices to the violator and the enforcement officer’s issuance of a correction order requiring the violation to be abated by a specific time:

a. Three Days. When the violation causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of persons or property, upon notice to the violator of three days;

b. Seven Days. When the violation does not cause or constitute an imminent or immediate danger to the health or safety or persons or property, but will develop into such a condition, through the passage of time, upon notice to the violator of seven days;

c. Fifteen Days. In all other cases, upon notice to the violator of fifteen days.

2. Abatement without Notice. Whenever any violation causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of persons, and the violator is not known or cannot be contacted, the enforcement officer may abate the violation, without notice.

3. Abatement by Suit. The enforcement officer may proceed by a suit in the Chelan County superior court to enjoin, abate, or remediate a violation in the manner provided by Chapter 7.48 RCW. In any action brought in the superior court, when it is established that a violation exists, the superior court shall, together with the imposition of monetary penalty and costs, enter an order of abatement as a part of the judgment in the case, which order shall direct either:

a. That the violation be abated by the violator within the time determined by the court, but not more than thirty days; and/or

b. That the violation may be abated by the city, with the city’s costs and attorneys’ fees to be imposed upon the violator.

Proceeding under the provisions of this subsection (D)(3) shall not prejudice the city’s ability to proceed to abate the violation under subsections (D)(1) or (2) of this section.

4. Method of Abatement. The city may abate the violation with its own forces, or through an independent party.

5. Costs of Abatement. The violator shall reimburse the city for all costs incurred by the city in abating the violation, and the city shall have a lien for such costs on the property on which the violation was located, to be enforced or collected as a lien for labor and materials, pursuant to Chapter 60.04 RCW, except that the lien shall not terminate for lack of action to foreclose.

E. Criminal Prosecution. A third violation of the same provision of an enforced code within a two-year period shall constitute a misdemeanor.

F. Correction Agreement. The enforcement officer may enter into a correction agreement with the violator, the result of which is to abate the violation. A correction agreement is a contract between the city and the violator where the violator agrees to abate a violation within a specified time and according to specified conditions. The following shall govern the rights and responsibilities of the violator and the city pursuant to a correction agreement, which shall be specifically stated in the correction agreement:

1. The name and address of the violator;

2. The street address or a description sufficient for identifying the building, structure, premises, or land where the violation is occurring;

3. A description of the violation, and the section of the enforced code that is violated;

4. The necessary action to be taken to abate the violation, together with the date or time by which violation must be corrected;

5. The enforcement officer may enter and inspect the property to determine compliance with the correction agreement;

6. The violator waives the right to an appeal of the violation and/or the method of abatement; and

7. If the terms of the correction agreement are not satisfied, the violator shall be assessed a monetary penalty commencing on the date set for abatement, plus costs, and the city may enter the property and abate the violation without notice, pursuant to subsection D of this section.

Nothing in this subsection prevents the enforcement officer from extending the time for abating the violation, or modifying the required abatement if, in the enforcement officer’s reasonable opinion, the violator has exhibited due diligence and/or substantial progress in abating the violation but that unforeseen circumstances render the abatement under the original conditions unattainable.

G. Judicial Relief. Nothing in this chapter prevents the city from filing a complaint or petition in a court of competent jurisdiction to seek any relief authorized by law before first seeking compliance through enforcement mechanisms identified in this section, when civil, administrative enforcement options or criminal prosecution would not prove timely or effective. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.130 Required elements of notices and orders.

A. Content of All Notices and Orders. Notices and orders authorized by this chapter shall include such information necessary to apprise the violator of the violation, the action to be taken by the violator pursuant to the notice or order, and the monetary penalties and/or costs that may be imposed upon the violator upon failing to act according to the notice or order. Such information may include, but is not limited to the following:

1. The date of the violation;

2. The name and address of the violator, if known to the enforcement officer;

3. The location of the violation;

4. A description of the violation and a reference to the provisions of the enforced code establishing the standards by which the violation has been established;

5. The action to be taken to abate the violation, the date by which the violation must be abated, and that it is the violator’s obligation to request an inspection by the enforcement officer to verify the violation has been corrected;

6. A summary of the enforcement actions the city may use if the violation is not timely abated;

7. Notice that the violator may appeal the determination to the city administrator or the hearing examiner; that a failure to appeal constitutes a waiver of all right to appeal, that the violator may be responsible for the costs of the appeal hearing, and a summary of the procedures required to request an appeal; and

8. Such other and further information the enforcement officer reasonably deems appropriate under the circumstances.

B. Additional Content – Noncumulative Monetary Penalties. In cases where notice or order does not seek to impose cumulative monetary penalties, the notice or order shall also include the following additional information:

1. A statement whether the violation is a first or repeat violation, and if a repeat violation, whether it is a second or subsequent violation; and

2. The monetary penalty.

C. Additional Content – Cumulative Monetary Penalties. In cases where the notice or order seeks to impose cumulative monetary penalties for continuing violations of an enforced code, notices or orders shall also include the following additional information:

1. The violator shall automatically incur a daily monetary penalty, pursuant to whether the violation is a first, second or subsequent violation if the violator fails to timely correct the violation;

2. Daily monetary penalties shall accrue during an appeal period unless the violator prevails on appeal; and that accrued monetary penalties shall not exceed five times the amount of the daily monetary penalty for any single violation from the first date of the violation through the date a final decision is rendered after an appeal; and

3. The violator may appeal the imposition of cumulative daily monetary penalties only.

D. Failure to Include Information. The failure to include all information set out in subsections A, B and C of this section shall not render a notice or order void or unenforceable so long as the notice or order reasonably apprises the violator of the violation and the action to be taken by the violator pursuant to the notice or order, but shall be considered in calculating the total monetary penalty assessed against the violator. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.140 Service of notices and orders.

A. Service. The enforcement officer shall cause notices or orders to be served upon the violator, either personally, or by mailing a copy of it to the violator’s last known address and by conspicuously affixing or posting it on the building, structure, premises, personal property, or land upon or within which the violation has occurred or is occurring. If cumulative daily monetary penalties are sought, service by posting may only be done if the violator cannot be personally served within Chelan County and if an address for mailed service cannot be ascertained by reference to public records. If the violator is the owner of the property that is the site of the violation, but does not live at the site of the violation, and if the personal address of the violator is unknown, the enforcement officer may serve the notice or order by mailing it to the billing address for the property that is on file in the Chelan County assessor’s office.

B. Additional Persons to Be Served. If known or disclosed from the Chelan County assessor’s office, one copy of the notice or order may be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record or any lease of record or the holder of any other estate or legal interest of record in any building, structure, land, personal property or premises on which a violation has occurred or is occurring. The failure to effect service on any person permitted to be served according to this subsection shall not invalidate any proceeding under this chapter as to any other person duly served or relieve any such person from any duty or obligation imposed by this chapter.

C. Service Requirements for Nuisance Vehicles. A notice or order concerning a nuisance vehicle must be served upon:

1. The last registered and legal owner of record of the nuisance vehicle, unless the nuisance vehicle is in such a condition that identification numbers are not available to determine ownership; and

2. The owner of record of the property upon which the nuisance vehicle is located.

D. Service by Posting. If the violator is served by posting it shall be treated in the same manner as service by mailing.

E. Proof of Service. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring the time and date of service, and the manner by which service was made. Additionally, if served by posting and cumulative penalties are sought, the declaration shall include the facts showing the efforts used in attempting to serve the person personally or by mail. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.150 Prohibition against issuance of permits.

The city shall not issue any permit to a violator or to a business, corporation, limited liability company or partnership in which a violator has an interest, until the enforcement officer has verified the violation has been abated. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.160 Monetary penalties and costs.

A violator shall incur monetary penalties and costs under a notice or order, to be collected and enforced by the city, as follows:

A. Initial Monetary Penalty. A violator shall incur an initial monetary penalty according to the schedule in subsection C of this section.

B. Cumulative Daily Monetary Penalty. In addition to the initial monetary penalty assessed in subsection A of this section, a violator shall incur a cumulative daily monetary penalty according to the schedule in subsection C of this section, for each day the violator fails to comply with a notice or order by the date specified in the notice or order; provided, a cumulative daily monetary penalty shall not accrue if the notice or order does not advise the violator of the right to appeal the accrual of the cumulative daily monetary penalty, pursuant to Section 2.80.130(C).

C. Schedule of Monetary Penalties. The monetary penalties for first, second and subsequent violations of an enforced code within any two-year period shall be set out on the city’s rate resolution.

D. Accrual of Cumulative Daily Monetary Penalties During Appeal. Cumulative daily monetary penalties shall accrue during the period where a violation has been appealed unless the violator prevails on appeal. Accrued monetary penalties shall not exceed five times the amount of the daily monetary penalty for any single violation from the first date of the violation through the date of a final decision on an appeal.

E. Maximum Accrual of Cumulative Daily Monetary Penalties. The accrual of cumulative daily monetary penalties pursuant to a notice or order shall be limited to an amount equal to five times the daily monetary penalty.

F. Costs Incurred by the City. In addition to monetary penalties, the violator shall be assessed the costs incurred by the city.

G. Payment Does Not Excuse Nonabatement of a Violation. Payment of any monetary penalties associated with the violation does not relieve the violator of the duty to abate the violation.

H. Collection of Monetary Penalties and Costs.

1. Payment. Monetary penalties and costs shall be paid to the city ten calendar days after a notice or order is served on the violator is served or thirteen days after a notice or order is mailed to the violator. If a violation or the cumulative daily monetary penalty is appealed, monetary penalties and costs are due thirteen calendar days after the final decision from such appeal is mailed to the violator. The provisions of Title 3 and/or the city’s rate resolution for dishonored checks and late fees and interest shall apply to payments due under this chapter.

2. Approved Collection Methods. The enforcement officer and/or the city attorney or the city attorney’s designee is authorized to take any action authorized by law to collect monetary penalties and costs. The violator shall reimburse the city for its costs incurred to collect monetary penalties and costs.

3. Authority to Negotiate Settlement. The enforcement officer and/or the city attorney may negotiate a settlement, compromise or otherwise dispose of an action for the collection of monetary penalties and costs when to do so would be in the best interest of the city.

I. Lien. Upon a failure to pay monetary penalties and costs when due, the city shall have a lien on the property on which a violation occurs. Such lien shall be subordinate to all previously existing special assessment liens imposed on the property and shall be superior to all other liens, except for state and county taxes. The claim of lien shall contain sufficient information regarding the notice or order, a description of the property to be charged with the lien, the owner of record and the total of the monetary penalties and costs. The claim of lien may be amended from time to time to reflect changed conditions. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.170 Inspection – Notice of compliance.

It shall be the violator’s obligation to request the enforcement officer inspect property to verify the violation has been abated. The enforcement officer shall serve a notice of compliance to the violator in the manner provided in Section 2.80.140 upon the enforcement officer’s verification that:

A. All violations identified in the notice or order have been abated;

B. All necessary permits have been issued and finalized; and

C. All monetary penalties and costs have been paid. (Ord. 1502 § 2 (Exh. A) (part), 2015).

ARTICLE III. APPEALS

2.80.210 Administrative appeal to the city administrator.

A. Appeal – Purpose. The violator may appeal the enforcement officer’s decision that a violation exists, the method of abatement or the amount of the monetary penalty to the city administrator, pursuant to this section, which shall be referred to as an “administrative appeal.” The purpose of the administrative appeal process is to afford an appellant with an opportunity to appeal the enforcement officer’s decision that a violation exists, the method of abatement, or the imposition of a monetary penalty quickly, and without the delays associated with an appeal to the hearing examiner under Section 2.80.220. Filing an administrative appeal is not a condition to the filing of an appeal under Section 2.80.220.

B. Filing an administrative appeal. The provisions of Section 2.80.220(B) shall apply to the administrative appeal, except for Section 2.80.220(B)(5).

C. Procedure. Because the administrative appeal is intended to afford an appellant a review of the enforcement officer’s decision within a short period of time, the procedures for the conduct of an administrative appeal shall be abbreviated.

1. Hearing Date. The hearing date shall be not less than three, nor more than thirty, days from the date the notice of appeal is filed with the city clerk.

2. Notices. Notices of all proceedings shall be based on the contact information provided by the appellant in the notice of appeal. The appellant shall be responsible for contacting the city clerk, the enforcement officer and the city administrator regarding all processes relating to the administrative appeal.

3. Hearing. The hearing shall be limited to two hours. The provisions of Sections 2.80.220(C) and (D) shall generally apply to the administrative appeal, and the city administrator shall exercise their discretion in conducting the hearing, balancing the right of the appellant to be heard, with the length of time allowed for an administrative appeal.

4. Decision. The city administrator shall issue a written decision within five business days of the hearing, generally following the guidelines for the content of decisions in Section 2.80.220(D), except that findings of fact and conclusions are not required.

5. Appeal to Hearing Examiner. The appellant may appeal the decision of the city administrator to the hearing examiner, as set out in Section 2.80.220, except that the appeal shall be filed no more than five calendar days from the date of the decision of the city administrator. The record on the administrative appeal shall include the file of the enforcement officer and the decision of the city administrator. (Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.220 Quasi-judicial appeal to the hearing examiner.

A. Appeal to Hearing Examiner. Except for the administrative appeal described in Section 2.80.210, all appeals under this chapter shall be heard by the hearing examiner.

B. Filing Appeal.

1. Standing to Appeal. The violator, or any person having any record title or legal interest in the building, structure, premises, personal property, or land where the violation is alleged to exist may appeal a notice or order.

2. Filing Notice of Appeal. Except for an appeal from an administrative appeal under Section 2.80.210, an appeal of a notice or order shall be in writing, signed by the person appealing, and shall be filed with the city clerk no more than ten calendar days from the date the notice or order was served on the appellant or, if not served personally, no more than thirteen calendar days after the notice or order was mailed as provided in Section 2.80.140. The notice of appeal shall be accompanied by the filing fee established by city council.

3. Content of Notice of Appeal. The notice of appeal shall include the following information:

a. The appellant’s name, address, telephone number and electronic mail address;

b. The appellant’s explanation of their standing to appeal;

c. The notice or order which the appellant is appealing;

d. The grounds for the appeal, including any alleged error of fact or law in the notice or order;

e. The relief sought by the appellant; and

f. A certification under oath by the appellant that the information in the notice of appeal is true.

4. Administrative Denial of Untimely Appeals. The enforcement officer may administratively deny an appeal as untimely if the notice of appeal is not timely filed. The administrative denial shall be in writing and served in compliance with Section 2.80.140. An appellant may appeal the enforcement officer’s administrative denial by filing an appropriate action in a court of competent jurisdiction within thirty days of the denial.

5. Failure to Appeal. Failure to appeal a notice or order constitutes a waiver of all right to an appeal and contest the violation or imposition of monetary penalties and/or costs.

C. Pre-Hearing Procedures.

1. Hearing Date. As soon as practical after receiving the notice of appeal, and after coordinating with the hearing examiner, the enforcement officer shall set a date, time and place for the hearing of the appeal, which shall be not less than thirty calendar days nor more than ninety calendar days from the date the notice of appeal was filed with the city clerk.

2. Notice of Hearing. The enforcement officer shall provide the appellant with notice of the time and place of the hearing by mail to the address provided by the appellant on the notice of appeal at least twenty calendar days prior to the date of the hearing.

3. Hearings Concerning Nuisance Vehicles. If the appeal concerns a nuisance vehicle, the enforcement officer shall also send written notice of time and place of the hearing, by certified mail, to the following persons:

a. The owner of the land where the nuisance vehicle is located, as shown on the records of the Chelan County auditor; and

b. The last registered and legal owner of record of the nuisance vehicle, unless the nuisance vehicle is in such condition that identification numbers are not available to determine ownership.

4. Subpoenas. The hearing examiner, at the request of a party, may subpoena witnesses necessary for the presentation of their respective cases. The subpoena may be served by the city or appellant either personally or by mailing a copy of the subpoena to the witness’s last known address. Proof of service shall be made by written declaration and executed by the person effecting service, declaring the time and date of service and the manner by which service was made. It shall be a misdemeanor to knowingly ignore the directives of a subpoena under this subsection.

5. Submission of Materials. The enforcement officer and appellant shall deliver to the hearing examiner and to each other all materials relevant to the appeal, including, but not limited to, staff reports, legal memoranda, exhibits, names of potential witnesses, along with a brief summary of any witness’s expected testimony, and any affidavits or declaration, at least seven calendar days before the scheduled hearing.

6. Pre-Hearing Conference. The hearing examiner may adopt procedures prior to an appeal hearing which will make the appeal hearing more efficient.

D. Appeal Hearings. The city has the burden of proving by a preponderance of the evidence that a violation occurred, the required corrective action conforms to the enforced code and the monetary penalties are correctly imposed. The scope of review in an appeal hearing is de novo, except that the hearing examiner shall defer to the enforcement officer’s legal interpretation of the enforced code, unless the enforcement officer’s interpretation is arbitrary and capricious or clearly erroneous. Otherwise appeal hearings shall comply with the requirements of open record hearings at Chapter 19.30.

1. Special Provisions for Hearings Concerning Nuisance Vehicles.

a. The owner of the property on which a nuisance vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the nuisance vehicle on the property.

b. The city may offer evidence to rebut the owner’s denial.

c. If the hearing examiner determines after hearing that the nuisance vehicle was placed on the owner’s property without the owner’s consent and that the owner did not subsequently acquiesce in its presence, then the city shall not be authorized to assess the monetary penalty and costs for the nuisance vehicle against the property upon which the nuisance vehicle is located or collect them from the owner.

E. Decision. The hearing examiner shall determine whether the city has established by a preponderance of evidence that a violation occurred and that the abatement conforms to the requirements of the enforced code, and shall issue a written decision that affirms, vacates, or modifies the notice or order and include the following:

1. Findings of fact and conclusions of law supporting the decision;

2. The required abatement action, if any;

3. The date and time by which the abatement action, if any, must be completed;

4. If abatement action is required, the date on which monetary penalties shall continue to accrue;

5. To the extent the appellant does not prevail, the past and future monetary penalties and costs according to Section 2.80.160;

6. A statement itemizing the cost of the appeal hearing or hearing examiner or both, if applicable under subsection F of this section; and

7. The date and time when the city may abate the violation if the required corrective action is not taken within the time provided in the decision and that the appellant will be responsible for the city’s costs in completing the abatement.

8. If the appeal involves a nuisance vehicle, if the hearing examiner determines that a vehicle is a nuisance vehicle, the hearing examiner shall direct the Chelan County sheriff to dispose of the nuisance vehicle, or part thereof, under applicable law, and to give notice to the Washington State Patrol and the Washington Department of Licensing that the nuisance vehicle has been wrecked.

F. Cost of Appeal. The hearing examiner shall assess the costs of an appeal, including, but not limited to the hearing examiner’s fees and reasonable costs of staff time, if the hearing examiner finds the appeal was frivolous, or when an appellant fails to appear at an appeal hearing, unless for good cause shown for such failure.

G. Notice of Decision. The hearing examiner shall transmit their decision to the enforcement officer within ten calendar days after the appeal hearing. The enforcement officer shall serve the appellant with a copy of the decision in the same manner as serving notice of the appeal hearing.

H. Failure to Appear. If the appellant fails to appear at the scheduled appeal hearing, the hearing examiner shall issue and transmit to the enforcement officer a final order containing the following:

1. A determination that a violation occurred; and

2. An assessment of the appropriate monetary penalties according to the criteria in Section 2.80.160; and

3. A statement itemizing the cost of the appeal hearing; and

4. A determination of the appropriate corrective action and that the appellant may be responsible for the city’s costs. (Amended during January 2016 update; Ord. 1502 § 2 (Exh. A) (part), 2015).

2.80.230 Judicial appeal to superior court.

The city or appellant may appeal the hearing examiner’s final order to the Chelan County superior court under the procedures of the Land Use Petition Act, Chapter 36.70C or 7.16 RCW, whichever may apply. (Ord. 1502 § 2 (Exh. A) (part), 2015).