Chapter 21.06
ADMINISTRATIVE APPEAL TO THE HEARING EXAMINER
Sections:
21.06.010 Administrative Appeals.
21.06.030 Pre-Hearing Procedures.
21.06.010 Administrative Appeals.
All appeals under this Title shall be heard by the Hearing Examiner, in accordance with YCC Title 2.23 and the procedures contained in this Chapter. Enforcement of any notice and order of a Reviewing Official issued pursuant to this title shall be stayed as to the appealing party during the pendency of any administrative appeal under this title, except when a Reviewing Official determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued. The appellant can appeal whether a violation has occurred, the corrective action taken, and the monetary penalties imposed. Not subject to appeal is whether a development permit is required in accordance with the Titles identified in 21.01.020.
(Ord. 11-2019 (part), 2019).
21.06.020 Appeal Procedures.
(1) Standing to Appeal. The owner of the property where the violation exists may appeal a notice or order.
(2) Filing Notice of Appeal. An appeal of a notice or order shall be in writing, signed by the person appealing, and shall be filed with the Yakima County Public Services no more than fourteen calendar days from the date of the notice or order was served or mailed as provided in Section 21.03. The notice of appeal shall be accompanied by the filing fee established by 21.04.040.
(3) Content of Notice of Appeal. The notice of appeal shall include the following information:
(a) The appellant’s name, address, and telephone number;
(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 the specific facts or circumstances that support their appeal and any alleged errors made by the citing official in the notice or order;
(e) The relief sought by the appellant; and,
(4) Untimely Appeals. An appeal is untimely if the notice of appeal is not timely filed. The administrative denial shall be in writing and served in compliance with Section 21.03.
(5) Failure to Appeal. Failure to appeal a notice or order within the time periods established for appeals stated in notices and orders constitutes a waiver of all right to an appeal and contest the violation and the imposition of monetary penalties and/or costs.
(Ord. 11-2019 (part), 2019).
21.06.030 Pre-Hearing Procedures.
The following procedures (Subsections 1 through 3) shall apply to any appeal heard by the Hearing Examiner under this Title unless the Hearing Examiner holds a prehearing conference under Subsection 4 of this Section and issues an order establishing the appeal procedure.
(1) Memorandum to Hearing Examiner. Within ten days of filing the appeal, the appellant shall file with the Planning Division a memorandum setting forth the appellant’s arguments and authority. The appellant’s memorandum to the Hearing Examiner shall clearly identify whether the subjects of the appeal are concerned either with procedural issues or substantive determinations, or both. Such arguments and authority shall be restricted to those issues set forth in appellant’s written appeal statement;
(2) Staff Report. At least twenty days prior to the date of the scheduled hearing before the Hearing Examiner, County staff shall file with the office of the Hearing Examiner and provide the appellant with a staff report responding to the appellant’s memorandum concerning the appeal; and
(3) Reply Memorandum. At least ten days prior to the date of the scheduled hearing before the Hearing Examiner, the appellant or landowner may file with the Planning Division any reply memorandum which the appellant or landowner desires to file. The scope of the reply memorandum shall be restricted to responding to issues raised in the staff report.
(4) Prehearing Conference. Any party may request a prehearing conference not later than ten days following the filing of appeal. The prehearing conference may be held at the discretion of the Hearing Examiner, in consultation with the Reviewing Official. If the Hearing Examiner exercises his discretion to hold a prehearing conference on an appeal the Hearing Examiner may issue an order following that hearing establishing the procedure and schedule for the hearing and for the submittal of reports by County staff, applicant, and appellant, not inconsistent with this Title.
The Hearing Examiner’s order shall provide for the submittal of appellant’s memorandum setting forth the appellant’s arguments and authority, a County staff report responding to appellant’s memorandum, applicant’s memorandum responding to the appellant’s memorandum, and appellant’s reply memorandum. All written reports shall be submitted prior to the appeal hearing, consistent with the terms of the order. The parties shall provide copies of all submitted material to the other parties.
(5) Failure to Comply. Failure to comply with the requirements of this Section may result in the Examiner taking such action in regard to the failure as is appropriate including, but not limited to dismissing the matter, continuing the hearing, postponing the hearing or limiting testimony at the hearing. The Hearing Examiner or Yakima County may require any appellant(s) who cause(s) a delay in the proceedings by not adhering to the submittal schedule to pay all additional fees associated with rescheduling meetings, including Hearing Examiner fees.
(Ord. 11-2019 (part), 2019).
21.06.040 Appeal Hearings.
The appellant must prove by a preponderance of the evidence that a violation has not occurred; or that the required corrective action does not conform to this Title or provisions listed in the notices or orders; or that the monetary penalties are excessive or not correctly imposed. The scope of review in an appeal hearing is de novo, meaning that the Hearing Examiner will independently consider the record and testimony presented as if they were making the initial determination made by the citing officer; except that the Hearing Examiner shall defer to the Code Enforcement Officer’s legal interpretation of the enforced code, unless the Code Enforcement Officer’s interpretation is arbitrary and capricious or clearly erroneous.
(Ord. 11-2019 (part), 2019).
21.06.050 Decision.
(1) The Hearing Examiner shall determine whether the county has established by a preponderance of evidence that a violation has 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 will include the items identified below. The decision by the Hearing Examiner is a final administrative determination.
(a) Findings of fact and conclusion of law supporting the decision;
(b) The required abatement action, if any;
(c) The date and time by which the abatement action, if any, must be completed;
(d) If abatement action is required, the date on which monetary penalties shall continue to accrue;
(e) To the extent the appellant does not prevail, the past and future monetary penalties and costs according to Section 21.04.040.
(f) A statement itemizing the cost of the appeal hearing or Hearing Examiner or both, if applicable under subsection 21.04.040 of this section; and,
(g) The date and time when the county may abate the violation if the required correction action is not taken within the time provided in the decision and that the appellant will be responsible for the county’s costs in completing the abatement.
(Ord. 11-2019 (part), 2019).
21.06.060 Notice of Decision.
The Hearing Examiner shall transmit their decision to the Yakima County Public Services within ten working days after the appeal hearing. Yakima County Public Services shall provide notice of the Hearing Examiner’s decision to the appellants and to other parties of record in accordance with YCC 16B.08.050(4).
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 11-2019 (part), 2019).
21.06.070 Failure to Appear.
If the appellant fails to appear at the scheduled appeal hearing, then the Hearing Examiner’s decision will be based on the information already provided to him/her and testimony provided by those present at the hearing, in accordance with Section 21.06.050 above. The cost of the hearing will be included in these fees in accordance with Chapter 21.04.040 of this Title.
(Ord. 11-2019 (part), 2019).