Chapter 20.33
ADMINISTRATIVE HEARING

Sections:

20.33.010    Availability of voluntary compliance agreements.

20.33.020    Administrative hearing.

20.33.030    Service of notice of administrative hearing.

20.33.040    Correction of civil code violation before administrative hearing.

20.33.050    Administrative hearing procedure.

20.33.060    Administrative hearing orders.

20.33.070    Administrative hearing penalties.

20.33.080    Administrative hearing – Duty of the Hearing Examiner.

20.33.090    Administrative hearing – Orders of default.

20.33.100    Administrative hearing – Reconsideration motions.

20.33.110    Administrative hearing – Appeal to Superior Court.

SOURCE:    ADOPTED:

Ord. 942    07/10/2018

20.33.010 Availability of voluntary compliance agreements.

(1) Nothing in this chapter is intended to prevent a landowner and the County from entering into a voluntary compliance agreement in accordance with Chapter 20.12 CCC. Should such a voluntary compliance agreement be entered into by the parties the County will not establish a hearing date before the Hearing Examiner except as provided in subsection (2) of this section.

(2) However, if a voluntary compliance agreement is not completed to the satisfaction of Community Development by the agreed-upon deadline or any extension of that deadline mutually agreed upon by DCD and the landowner, then the County may either issue a stop work order pursuant to Chapter 20.24 CCC or may establish a hearing date before the Hearing Examiner pursuant to this chapter.

20.33.020 Administrative hearing.

A person responsible for code compliance to whom a notice and order or stop work order (collectively to be known as a “civil code violation”) may be scheduled to appear before the County’s Hearing Examiner for an administrative hearing at a date not more than 60 calendar days from the date of service of the civil code violation. The date for the hearing before the Hearing Examiner may be adjourned or continued to another date upon the mutual written agreement of the parties.

20.33.030 Service of notice of administrative hearing.

(1) The notice of the administrative hearing shall contain the date, time, and location of the hearing, the legal authority and jurisdiction for the hearing; a copy of the civil code violation, proposed penalties and the name and telephone number of the Director.

(2) The notice of the administrative hearing shall be served on the person responsible for code compliance and, if applicable, the landowner of the subject property by personal service or by mailing a copy of the same to the last known address of each party.

(3) The person effectuating or achieving the service shall declare in writing the date and address the personal service or mailing was made. Service by mail shall be deemed effective upon the third business day following the day of mailing.

20.33.040 Correction of civil code violation before administrative hearing.

The administrative hearing will be canceled and no monetary penalty will be assessed if the Director, or his or her designee, approves the completed corrective action by the date and time previously established for the administrative hearing.

20.33.050 Administrative hearing procedure.

Administrative hearings occurring in accordance with this title shall be heard by the Clallam County Hearing Examiner and shall be conducted in accordance with County Policy 921, as currently enacted or hereafter amended or replaced. The County shall have the burden of proving, by a preponderance of the evidence, that a violation has occurred and that the corrective action required by the code enforcement officer or staff is reasonably calculated to correct the violation. Formal rules of evidence shall not apply to any such hearing. Such a hearing shall not provide for public comment.

20.33.060 Administrative hearing orders.

In the event the Hearing Examiner determines that a civil code violation occurred or is occurring, the Hearing Examiner shall issue an order to the person responsible for code compliance which contains the following information:

(1) The decision regarding the alleged civil code violation, including findings of fact and conclusions of law based on those findings 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 and costs of enforcement, which will become a personal debt of the person responsible for code compliance;

(5) A statement informing the person responsible for the civil code violation that entry of this order does not relieve that person of the obligation to cure, remove or remedy the civil code violation; and

(6) How the order may be appealed.

20.33.070 Administrative hearing penalties.

As part of the Hearing Examiner’s order entered as a result of an administrative hearing, the Hearing Examiner may impose any of the penalties listed in this code at Chapter 20.28 CCC. If applicable, and upon the Hearing Examiner determining that the County was the prevailing party, the County may calculate its direct costs incurred to enforce its code and assess same against the violator in accordance with CCC 20.20.040.

20.33.080 Administrative hearing – Duty of the Hearing Examiner.

The Hearing Examiner shall issue his or her decision within 15 working days of the hearing, unless the Hearing Examiner determines that more time is necessary. The decision shall be mailed by first class or electronic mail or hand-delivered to the person to whom the notice of civil code violation was issued and to the code enforcement officer.

20.33.090 Administrative hearing – Orders of default.

(1) If the person to whom the notice of civil code violation was issued fails to appear at the scheduled hearing, then the Hearing Examiner may issue at the County’s request, or upon his or her own ruling, an order of default, assessing the appropriate penalty and attorney’s fees in accordance with the County Code. The County must serve the order of default on the person responsible for code compliance.

(2) Within 10 days after issuance of the order of default, the person against whom it was entered may file a written motion requesting that the order be vacated. The Hearing Examiner may, at his or her discretion, based upon a showing of good cause, vacate the order of default and schedule the matter for another hearing date.

(3) In the event that the default order is vacated, the person against whom it was entered shall pay all costs attributable to his or her failure to appear.

20.33.100 Administrative hearing – Reconsideration motions.

(1) A motion for reconsideration of any order entered by the Hearing Examiner in accordance with this chapter must be filed with the Director no later than close of business on the tenth business day after the date of the order for which reconsideration is sought.

(2) The Hearing Examiner will contact the Director and/or the code enforcement officer(s) if (s)he desires the County to provide a written response to a motion for reconsideration. In the absence of such a request from the Hearing Examiner, the County need not respond in writing to the motion for reconsideration.

(3) The Hearing Examiner will in writing either grant or deny the motion for reconsideration within five business days of his or her receipt of that motion with a written “decision document,” which need not comply with the obligations of the Hearing Examiner mandated by CCC 20.33.070 but shall, if needed, provide written instruction to the party that prevails on the motion for reconsideration.

20.33.110 Administrative hearing – Appeal to Superior Court.

Any appeal of an administrative hearing order entered by the Hearing Examiner in accordance with this chapter must be filed with the Superior Court not later than 21 calendar days of the date of the issuance of the administrative hearing order. If a decision document is issued because a party filed a motion for reconsideration, then the 21-day period will be measured from the date of the decision document.