Chapter 4.80
APPEALS AND JUDICIAL ENFORCEMENT

Sections:

4.80.010    Administrative appeal – Filing requirements.

4.80.020    Administrative appeal – Procedures.

4.80.030    Administrative appeal – Final order.

4.80.040    Judicial enforcement – Petition for enforcement.

4.80.050    Judicial enforcement – Limitation on defenses.

4.80.010 Administrative appeal – Filing requirements.

A. Any person named in a notice and order or stop work order and any owner of the land where the violation occurred for which a notice and order or stop work order is issued may file a notice of appeal of the notice and order or stop work order. The notice of appeal shall be filed within 14 calendar days of the service of the notice and order or stop work order. The date of issuance of the City’s notice and order or stop work order shall not be included in the computation of time. Any appeal deadline that falls on a Saturday, Sunday or legal holiday shall not be included, and the deadline shall instead be the next day which is not a Saturday, Sunday or legal holiday. All appeals are due by 5:00 p.m. on the last day on which an appeal can be filed.

B. If a notice of appeal has been filed within the time period provided in this section, the appellant shall file a statement of appeal within 21 days of the service of the notice and order or stop work order.

C. A notice of appeal shall contain the following:

1. Appellant’s name, address and phone number;

2. Identification of City decision being appealed;

3. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based; and

4. The relief sought.

D. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is decided or is withdrawn except when a Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.

E. Dismissal. The requirements of this section are jurisdictional. On his/her own motion, or on the motion of any party, the Examiner shall dismiss an appeal for failure of an appellant to satisfy all the requirements of this section. Any such dismissal shall mean the person named in the notice and order or stop work order is deemed to have committed the violation and any penalties and costs associated with such violation shall be assessed by the Examiner against the person. (Ord. O-13-534 § 9).

4.80.020 Administrative appeal – Procedures.

A. The appeal hearing shall be conducted as provided for in the rules adopted for such hearings by the Examiner. Where specific provisions in this title conflict with such adopted rules, the provisions of this title shall govern.

B. Enforcement of any notice and order of a Director issued pursuant to this title shall be stayed as to the appealing party during the pendency of any administrative appeal under this title, except when a Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.

C. Enforcement of any stop work order of a Director issued pursuant to this title shall not be stayed during the pendency of any administrative appeal under this title.

D. When multiple citations, stop work orders, or notices and orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed.

E. Hearings Open to the Public. Appeal hearings are open to the public. (Ord. O-13-534 § 9).

4.80.030 Administrative appeal – Final order.

A. Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions and shall affirm or modify the notice and order or stop work order previously issued if the Examiner finds that a violation has occurred. The Examiner shall uphold the appeal and reverse the order if the Examiner finds that no violation has occurred.

B. If an owner of property where a violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the property owner’s knowledge or consent, the property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such an abatement in order to avoid doing substantial injustice to a nonculpable property owner.

C. The Hearing Examiner’s final order 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.

D. A final order by the Hearing Examiner affirming or reinstating a citation, notice and order or stop work order renders such citation, notice and order or stop work order a final agency order. (Ord. O-13-534 § 9).

4.80.040 Judicial enforcement – Petition for enforcement.

A. In addition to any other judicial or administrative remedy, the City Attorney may seek enforcement of a Director’s order by filing a petition for enforcement in King County Superior Court.

B. The petition must name as respondent each alleged person against whom the Director seeks to obtain civil enforcement.

C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief and other civil remedy provided by law, or any combination of the foregoing. (Ord. O-13-534 § 9).

4.80.050 Judicial enforcement – Limitation on defenses.

A respondent in a proceeding by petition for enforcement may not assert as a defense any fact or issue that the respondent had an opportunity to assert before the Hearing Examiner and did not, or upon which the final determination of the Hearing Examiner was adverse to the respondent. (Ord. O-13-534 § 9).