11.20.009 Review by hearing examiner.
A. The person served with a notice of violation issued by the director pursuant to BMC 11.20.005 or incurring costs or penalties in connection with a cease activity order or emergency order issued pursuant to this chapter may obtain an appeal of the notice or of the costs and penalties by requesting such appeal within 15 calendar days after service of the notice or within 15 days after receipt of the order or penalty invoice assessing costs and penalties. When the last day of the period so computed is a Saturday, Sunday, or federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The appeal request shall be in writing, and, upon receipt of the appeal request, the director shall forward the request to the hearing examiner, pursuant to Chapter 2.54 BMC.
1. Notice of the appeal shall be sent to the following:
a. Appellant and/or the person(s) named on the notice of violation;
b. Affected city departments;
c. Affected agencies with jurisdiction;
2. The notice shall contain those items identified in BMC 11.19.002(F);
3. Notice of the appeal hearing shall be issued at least 10 calendar days prior to the hearing.
B. At or after the appeal hearing, the hearing examiner may, as relevant to the appeal:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Modify the penalties imposed in connection with a notice of violation, cease activity order, or emergency order;
4. Continue the review to a date certain for receipt of additional information; or
5. Modify the notice of violation, which may include an extension of the compliance date.
C. The hearing examiner shall issue a decision within 10 working days after the date of the completion of the review. The hearing examiner shall cause the decision to be sent to the person(s) named on the notice of violation, order, or invoice under the same procedures described in BMC 11.20.005(C) and may, when appropriate, mail the decision to a complainant, where the complainant has provided an address.
D. The decision of the hearing examiner shall be final and conclusive, subject to reconsideration. In order to appeal the decision of the hearing examiner, a person with standing to appeal a decision imposing criminal penalties must appeal to the Bothell municipal court, and a person with standing to appeal a decision imposing civil penalties must make application for a land use petition under Chapter 36.70C RCW, within 21 calendar days of the issuance of the examiner’s decision. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. (Ord. 2238 § 7, 2017; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1628 § 1, 1996).