Chapter 6.44


6.44.010    Appeal authority.

6.44.020    Time to file.

6.44.030    Standing.

6.44.040    Notice to parties.

6.44.050    Content of appeal.

6.44.060    Appeal hearing.

6.44.070    Decision of appeal.

6.44.080    Judicial appeals.

6.44.090    Rules of procedure.

6.44.010 Appeal authority.

The city of Mukilteo hearing examiner has the authority to hear and decide appeals of notice of civil violations and declarations of dangerous animals as allowed by Section 6.30.110(B) issued by the animal control authority. The hearing examiner shall conduct an open record public hearing for all appeals and shall issue a written decision, including findings and conclusions, within the time prescribed by this chapter. The hearing examiner may issue a preliminary oral decision at the open record hearing. (Ord. 1105 § 2 (part), 2004)

6.44.020 Time to file.

The appellant must file his/her appeal with the city clerk within fourteen calendar days from the date the appellant receives the notice of civil violation. The appellant must deliver the appeal to the city clerk by 4:30 p.m. on the final day of the appeal period. If the final day of the appeal period falls on a weekend, the appellant must deliver the appeal on the last business day of the previous week. (Ord. 1105 § 2 (part), 2004)

6.44.030 Standing.

Only parties of record may initiate an appeal. The term “parties of record” for the purposes of this chapter shall mean anyone who received a notice of civil violation from the animal control authority. (Ord. 1105 § 2 (part), 2004)

6.44.040 Notice to parties.

The city shall provide written notice of the appeal to all parties of record. (Ord. 1105 § 2 (part), 2004)

6.44.050 Content of appeal.

Appeals shall be in writing, be accompanied by an appeal fee as outlined in the city’s most current fee resolution, and shall contain the following information:

A.    Appellant’s name, address and telephone number;

B.    Identification of the application which is the subject of the appeal;

C.    Appellant’s statement describing his or her standing to appeal;

D.    Appellant’s statement of grounds for the appeal and the fact upon which the appeal is based;

E.    The relief sought, including the specific nature and extent;

F.    A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. (Ord. 1105 § 2 (part), 2004)

6.44.060 Appeal hearing.

All appeals shall be considered and decided within thirty calendar days from receipt of a complete appeal and appeal fee, unless the parties involved mutually agree to extend these time periods. (Ord. 1105 § 2 (part), 2004)

6.44.070 Decision of appeal.

The hearing examiner shall issue a written decision within ten business days from the close of the open record hearing. Copies of the hearing examiner’s decision shall be made available to the city and the appellant. (Ord. 1105 § 2 (part), 2004)

6.44.080 Judicial appeals.

The hearing examiner’s final decision may be appealed by a party of record by filing a petition in Snohomish County superior court. Such petition must be filed within twenty-one calendar days of issuance of the decision of appeal, as may be provided by applicable law. The cost of transcribing the record of proceedings, of copying photographs, videotapes and oversized documents, and of staff time spent copying and assembling the record and preparing the return for filing with the court shall be borne by the appellant. (Ord. 1105 § 2 (part), 2004)

6.44.090 Rules of procedure.

The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order. (Ord. 1105 § 2 (part), 2004)