Chapter 19.40 HEARING EXAMINER APPEALS FOR NUISANCES

Chapter 19.40
HEARING EXAMINER APPEALS FOR NUISANCES

Sections:

19.40.020 Hearing examiner appeal procedure.

19.40.010 Applicability.

This chapter shall apply to all appeals for nuisances as defined in JCC 19.10.015(36), except for vehicle nuisances and public right-of-way nuisances which if applicable may be appealed under Chapter 19.25 JCC. This chapter shall not apply to appeals involving civil code violations as defined in JCC 19.10.015(14). [Ord. 9-20 § 1 (Appx. A)]

19.40.015 Hearing examiner appeal.

The person responsible or an aggrieved person may appeal a nuisance notice of violation, stop work order, notice of noncompliance, notice of violation and order of abatement, or certificate of correction to an administrative hearing within 15 days of mailing the decision. The appeal will be conducted by the Jefferson County hearing examiner pursuant to Chapter 2.30 JCC (Hearing Examiner Code) and Hearing Examiner Rules of Procedure. [Ord. 9-20 § 1 (Appx. A)]

19.40.020 Hearing examiner appeal procedure.

(1) The person responsible or an aggrieved person may appeal a nuisance notice of noncompliance with a voluntary compliance agreement, notice of violation, stop work order, or a notice of violation and order of abatement to the hearing examiner within 15 days of mailing the decision. However, a notice of violation and order of abatement for vehicle nuisances under JCC 19.25.010 shall not be appealed under this section.

(2) Procedure. The hearing examiner shall conduct a hearing pursuant to Chapter 2.30 JCC (Hearing Examiner Code) and Hearing Examiner Rules of Procedure.

(3) Final Agency Decision.

(a) At the conclusion of the hearing, the hearing examiner shall either: (i) affirm the director’s notice or stop work order if the nuisance exists substantially as stated in the notice or stop work order; (ii) dismiss the notice or stop work order and grant the appeal if the hearing examiner determines that the nuisance does not exist substantially as stated in the notice or stop work order; or (iii) modify the notice or stop work order depending on the specifics of the nuisance.

(b) A copy of the hearing examiner’s ruling shall be mailed to the person responsible, the county, and if the person responsible is a tenant to the owner of the property where the nuisance is occurring.

(i) The hearing examiner has the following options in assessing monetary penalties:

(A) Assess monetary penalties beginning on the date the notice was issued;

(B) Assess monetary penalties beginning on the correction date set by the director or an alternate correction date set by the hearing examiner;

(C) Assess less than the established monetary penalty set forth in JCC 19.30.020, based on the criteria of subsection (3)(d) of this section; and

(D) Assess no monetary penalties.

(d) In determining the monetary penalty assessment, the hearing examiner shall consider the following factors:

(i) Whether the person responsible responded to notices and cooperated to correct the nuisance;

(ii) Whether the person responsible failed to appear at the hearing;

(iii) Whether the nuisance was a repeat violation;

(iv) Whether the person responsible showed due diligence or substantial progress in correcting the nuisance; and

(v) Any other relevant factors.

(e) The hearing examiner may double the monetary penalty schedule if the nuisance was a repeat violation. In determining the amount of the monetary penalty for repeat violations, the hearing examiner shall consider the factors set forth in subsection (3)(d) of this section.

(f) The hearing examiner will award cost recovery for all related nuisance or abatement expenses, including attorney fees, the costs of the hearing, and all other costs pursuant to JCC 19.30.020, unless the hearing examiner dismisses the director’s notice or stop work order.

(g) If a notice of noncompliance with a voluntary compliance agreement, notice of violation, stop work order, or a notice of violation and order of abatement is not timely appealed within 15 days of mailing the decision, then this shall be a final decision.

(4) Failure to Appear. If the person responsible fails to appear at the scheduled hearing or present a written statement in time for consideration at the hearing, the hearing examiner shall enter an order of default with findings and assess the appropriate monetary penalty pursuant to JCC 19.30.010. The county may enforce the hearing examiner’s order and recover all related expenses, including attorney fees, plus the costs of the hearing and any monetary penalty from the person responsible pursuant to JCC 19.30.20. A copy of the order of default shall be mailed to the person responsible and against whom the default order was entered, to the county, and, if the person responsible is a tenant, to the landlord or owner of the property where the nuisance is occurring.

(5) Time Period for Correction. If a decision is affirmed by the hearing examiner, the person responsible shall have 30 days to abate the nuisance and bring the nuisance into compliance with the terms of this chapter or the county may perform the abatement required and shall bill the costs in the manner provided in JCC 19.10.025, 19.30.010, and 19.30.020. Correcting the nuisance(s) within this time period does not excuse payment of any penalties or costs under this section. [Ord. 9-20 § 1 (Appx. A)]

19.40.025 Final decision.

(1) If a notice of noncompliance with a voluntary compliance agreement, notice of violation, stop work order, or a notice of violation and order of abatement is not timely appealed within 15 days of mailing the decision, then this shall be a final decision.

(2) Judicial Review. A final decision by the hearing examiner shall be final and conclusive, unless proceedings for review of the decision are properly commenced in superior court within the time period specified by state law. A final decision by the hearing examiner affirming or reinstating a notice or stop work order renders the notice or stop work order a final agency order. [Ord. 9-20 § 1 (Appx. A)]