A. Appeal. An owner aggrieved by the director’s denial of an application, final certification, or cancellation of an exemption under this chapter shall have the right to appeal to the hearing examiner. Any such appeal shall be in writing and shall be filed with the hearing examiner within 30 days of the director’s decision. The appeal shall specify the factual and legal basis on which the director’s decision is alleged to be erroneous. The appeal shall be accompanied by the applicable appeal fee established by resolution of the city council. Failure to follow the appeal procedures in this section shall preclude the owner’s right to appeal.
B. Rules adopted by the hearing examiner shall apply to hearings of appeals under this chapter to the extent they are consistent with the requirements of this chapter and Chapter 84.14 RCW. All affected parties may be heard and all competent evidence received by the hearing examiner. The hearing examiner shall give substantial weight to the director’s decision and the burden of overcoming the weight and proving that the director’s decision was not supported by substantial evidence or was clearly erroneous shall be on the appellant. The hearing examiner must affirm, modify, or overturn the decision of the director based on the evidence received. The decision of the hearing examiner constitutes the final decision of the city. An aggrieved party may appeal the decision of the hearing examiner on a final certificate of exemption or cancellation thereof to superior court under RCW 34.05.510 through 34.05.598 if the appeal is properly filed within 30 days of the date of the notification by the city to the appellant of the hearing examiner’s decision. (Ord. 2358 § 1, 2021).