13.80.125 Franchise dispute resolution process.
(1) Unless otherwise provided in the franchise, the following franchise dispute resolution process applies when the county alleges the franchisee is out of compliance with the terms of its franchise. The process described in this section is intended to provide opportunity for the franchisee to be heard and authorization for the hearing examiner to adjudicate disputes. The process described in this section is not exclusive, and does not limit or restrict the authority of the county or the franchisee from resolving franchise disputes in any manner authorized by law.
(2) The engineer may issue a written order to a franchisee to comply with the terms of the franchise. An order to comply with the franchise must include:
(a) Reference to the terms of the franchise that the engineer determines have been violated, a description of actions the franchisee must take to comply with the franchise, and a deadline for compliance; and
(b) A statement that the order to comply with the franchise may be appealed to the hearing examiner by filing an appeal with the department in accordance with the procedural requirements in SCC 2.02.125 and this section.
(3) The order to comply with the franchise must be served on the franchisee by one of the following two methods:
(a) Personal service; or
(b) Service by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, return receipt requested. Service by mail shall be presumed effective upon the third business day following the day upon which the notice was placed in the mail.
(4) The hearing examiner is authorized to hear appeals of orders to comply with the terms of a franchise, including the assessment of liquidated damages. An order to comply with the franchise may be appealed by the franchisee to the hearing examiner and the process in chapter 2.02 SCC shall apply to the appeal.
(5) An appeal shall follow the procedural requirements in SCC 2.02.125, with the following additional requirements:
(a) The appeal submittal and a filing fee in the amount of $500.00 must be delivered by U.S. mail or by hand to the office of the Snohomish County department of public works, attention county engineer. If mailed, the date of the postmark shall serve as the date received.
(b) The appeal submittal and filing fee must be received by the department within 30 calendar days of the date of service of the order to comply with the franchise. The date of service of the order to comply with the franchise is the date the order was personally served or, if served by mail, the third business day following the day upon which the notice was placed in the mail.
(6) At the hearing, the engineer shall have the burden of proof to support an order to comply with the terms of a franchise, which burden shall be met by a preponderance of the evidence.
(7) The decision of the hearing examiner shall be final and conclusive with an optional right of reconsideration as provided in SCC 2.02.170 and may then be reviewable in any court of competent jurisdiction. (Added by Ord. 21-032, July 21, 2021, Eff date Aug. 2, 2021).