30.85.120 Contested citation hearing.
(1) When the department receives a written statement contesting a citation, the statement shall be transmitted to the hearing examiner within three business days.
(a) The contested citation statement may be dismissed if the hearing examiner determines it is untimely, incomplete, frivolous, or beyond the hearing examiner’s jurisdiction. A summary dismissal order shall be issued within 15 days following receipt of the contested citation by the hearing examiner.
(b) The hearing examiner shall conduct a hearing of the contested citation within 45 days of the date that the hearing examiner received the request for the hearing.
(c) The hearing examiner shall notify the person contesting the citation and the department in writing of the time, place and date of the hearing at least 15 days prior to the date of the hearing.
(2) The applicable county department has the burden of proof by a preponderance of the evidence to prove:
(a) The person named on the citation is the responsible party for causing the violation or is the property owner; and
(b) The violation listed on the citation occurred.
(3) The public hearing shall be an open record hearing conducted in accordance with the Snohomish County Hearing Examiner Rules of Procedure, except as modified by this chapter.
(4) Each person participating in an open record hearing shall be allowed to:
(a) Call, examine and cross examine witnesses (subject to reasonable limitation by the examiner in accordance with the examiner’s adopted rules of procedure) on any matter relevant to the issues of the hearing;
(b) Introduce documentary and physical evidence;
(c) Rebut evidence; and
(d) Represent him/herself or to be represented by anyone of his choice who is lawfully permitted to do so.
(5) The citation containing the certified statement or declaration authorized by RCW 9A.72.085 submitted by the department and any attached documentation shall be prima facie evidence that a violation occurred and that the person(s) cited are responsible. The citation containing the certified statement or declaration of the code enforcement officer or inspector authorized under RCW 9A.72.085, and any other evidence accompanying the file shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under RCW 9A.72.085 shall also be admissible without further evidentiary foundation.
(6) The hearing examiner shall consider the evidence and testimony presented at the hearing and, based on this information, shall reverse or affirm the citation in whole or in part. The decision shall be issued within 15 days with an optional right of reconsideration. Appeals may be made by filing a land use petition in superior court within 21 days of issuance of the decision as provided in chapter 36.70C RCW.
(7) The decision of the hearing examiner shall constitute a final decision and order under SCC 30.85.260. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).