The hearing examiner for the City of Snohomish hereby is given jurisdiction to hear appeals of a “Notice of Graffiti, of Graffiti Nuisance Property and Removal.”
An appeal shall be commenced by filing a notice of appeal with the City Clerk within 10 days after the service of the “Notice of Graffiti, of Graffiti Nuisance Property and Removal” on the party or parties to whom the notice is directed. If no appeal is filed within said 10 days, the “Notice of Graffiti, of Graffiti Nuisance Property and Removal” shall become final and conclusive, and not subject to appeal or review in any forum.
In any appeal, the City shall have the burden to prove by a preponderance of the evidence that the property contains graffiti, the named party is a responsible party, the deadline for abatement is reasonable and should not be adjusted for weather or seasonal conditions, and the manner of abatement is reasonable.
If the hearing examiner finds that the property contains graffiti and that the named party is a responsible party, but that either the manner of abatement is not reasonable, or the deadline should be extended for seasonal or weather conditions, then the hearing examiner shall modify the manner of abatement to make the same reasonable or extend the deadline a reasonable period to account for seasonal or weather conditions, as the case may be.
The hearing examiner shall issue a written decision containing the following information:
A. Findings of fact (which shall include the common address and legal description for the property) and conclusions of law;
B. The manner of any required abatement action and the deadline by which abatement must be completed;
C. A description of the civil penalty for an infraction which may accrue if the responsible party fails to abate the graffiti by the deadline established in the decision and order;
D. A statement that the decision of the hearing examiner becomes final 21 days after the date of the decision unless the decision of the hearing examiner is appealed to the Snohomish County Superior Court; and
E. A statement that if the graffiti is not abated by the deadline established in the decision and order that the City or its contractor may abate the graffiti and the cost of abatement will be a personal obligation of the responsible party and a lien against the graffiti nuisance property.
1. The hearing examiner shall mail his/her decision to the named party by regular and certified mail, and a copy of the decision also shall be posted on the property in a conspicuous location.
2. Any review of the decision of the hearing examiner must be by land use petition filed within 21 days of issuance of the decision and order in the Snohomish County Superior Court in accordance with the Land Use Petition Act.