Chapter 23.110
APPEAL TO HEARING EXAMINER

Sections:

23.110.010    Appeals.

23.110.010 Appeals.

(1) Any person found in violation pursuant to this title may file an appeal within 10 calendar days after receiving or otherwise being served with a written notice of a violation. When the last day of the period so computed is a Saturday, Sunday, or a federal or City holiday, the period shall run until 4:30 p.m. on the next business day. The request shall be in writing clearly explaining the basis for the appeal and shall include the applicable appeal fee as established in a fee schedule adopted by the Sammamish City council.

(2) Upon receipt of the appeal, the City shall schedule an appeal hearing before the hearing examiner. The hearing shall be conducted in accordance with the procedures set forth in Chapter 20.10 SMC and the rules of procedure of the hearing examiner.

(3) At the conclusion of the appeal hearing, the hearing examiner shall issue an order to the person responsible for the violation which includes the following information:

(a) The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

(b) The required corrective action;

(c) The date by which the correction must be completed;

(d) The civil penalties assessed based on the provisions of this title and the fee resolution; and

(e) The date after which the City may proceed with abatement of the unlawful condition if the required correction is not completed.

(4) Judicial Review. The decision of the hearing examiner shall be final unless appealed. To appeal the decision of the hearing examiner, a person with standing to appeal must file a land use petition, as provided in Chapter 36.70C RCW, Land Use Petition Act, within 21 calendar days of issuance of the hearing examiner’s decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant and is nonrefundable.

(5) Effect of Decision. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final decision of the City, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor punishable by a fine of not more than $1,000 or up to 90 days’ imprisonment, or both. In addition to criminal punishment pursuant to this subsection, the City may pursue collection and abatement as provided in this title. (Ord. O2011-302 §2 (Att. A))