A responsible person may appeal the Building Official’s determination contained in a notice of violation by delivering a written appeal to the City Clerk. The written appeal must be received no later than ten (10) business days after the notice of violation was posted on the premises. If the City Clerk receives a timely written appeal, the Hearing Examiner shall set a hearing to be held within thirty (30) calendar days of receipt of the appeal.
A. At any such hearing, the responsible person bears the burden, by a preponderance of the evidence, of establishing their standing as a responsible person.
B. At any such hearing, the City bears the burden, by a preponderance of the evidence, of establishing that the premises does not have adequate sewer service or water service as required by SMC 19.06.030 and that a person was occupying the premises as of the date of the notice of violation.
C. Any such hearing does not need to comply with the rules of evidence and the Hearing Examiner may consider evidence which the Hearing Examiner determines is reasonably reliable.
D. The Hearing Examiner shall issue a written decision within ten (10) business days of any such hearing. The written decision shall make findings of fact and conclusions of law. If the Hearing Examiner determines that the premises does not have sewer service or water service as required by SMC 19.06.030 and that a person was occupying the premises as of the date of the notice of violation, then the premises must be vacated and secured within five (5) business days of the Hearing Examiner’s decision. The Hearing Examiner’s decision is a final determination upon being signed and mailed.
E. The decision of the Hearing Examiner may be appealed to the Snohomish County Superior Court within twenty-one (21) calendar days. (Ord. 2386, 2019)