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A. Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the hearing examiner not less than 10 calendar days after the notice of civil violation is issued.

B. Prior Correction of Violation or Payment of Monetary Penalty. Except in the case of a repeat violation, a violation which creates a situation or condition which cannot be corrected, or a violation of the sign code (Chapter 22B.10 BCC), the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed required corrective action at least 48 hours prior to the scheduled hearing. In the case of a violation of the sign code, the hearing will be canceled if, in compliance with the statement required pursuant to BCC 1.18.040(B)(7), either the monetary penalty recommended by the applicable department director is paid in full to the city at least 72 hours prior to the scheduled hearing, or the required corrective action is completed and approved by the applicable department director at least 72 hours prior to the scheduled hearing.

C. Procedure. The hearing examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the hearing examiner. The applicable department director and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action, if applicable, is reasonable. The determination of the applicable department director as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action.

D. Decision of the Hearing Examiner.

1. The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.

2. The hearing examiner shall issue an order to the person responsible for the violation which contains the following information:

a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

b. The required corrective action, or in the case of a violation of the sign code, notification that the illegal signs shall be destroyed by the city;

c. The date and time by which the correction must be completed;

d. The monetary penalties assessed based on the criteria in BCC 1.18.050(D)(3);

e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

3. Assessment of Monetary Penalty. Monetary penalties assessed by the hearing examiner shall be in accordance with the monetary penalty schedule in BCC 1.18.040(E).

a. Violations Other than Sign Code (Chapter 22B.10 BCC) Violations or Violations Constituting a Noise Disturbance as Set Forth in BCC 9.18.040(A)(4) and (A)(5).

i. The hearing examiner shall have the following options in assessing monetary penalties:

(a) Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or

(b) Assess monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the hearing examiner and thereafter; or

(c) Assess no monetary penalties.

ii. In determining the monetary penalty assessment, the hearing examiner shall consider the following factors:

(a) Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation;

(b) Whether the person failed to appear at the hearing;

(c) Whether the violation was a repeat violation;

(d) Whether the person showed due diligence and/or substantial progress in correcting the violation;

(e) Whether a genuine code interpretation issue exists; and

(f) Any other relevant factors.

b. Sign Code (Chapter 22B.10 BCC) Violations. The hearing examiner shall assess a monetary penalty for each sign cited within a single 24-hour period extending from 12:01 a.m. to 12:00 midnight on a single day.

c. Violations Constituting a Noise Disturbance as Set Forth in BCC 9.18.040(A)(4) and (A)(5). The hearing examiner shall assess a monetary penalty for each violation as defined in BCC 9.18.050(C).

d. Effect of Repeat Violations. The hearing examiner shall assess a monetary penalty for each repeat violation as set forth in BCC 1.18.040(E)(4).

4. Notice of Decision. The hearing examiner shall mail a copy of the decision to the appellant and to the applicable department director within 10 working days of the hearing.

E. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the examiner will enter an order finding that the violation appeared and assessing the appropriate monetary penalty. The city will carry out the hearing examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.

F. Appeal to Superior Court. An appeal of the decision of the hearing examiner must be filed with superior court within 20 calendar days from the date the hearing examiner’s decision was mailed to the person to whom the notice of civil violation was directed, or is thereafter barred. (Ord. 5720 § 2, 2007; Ord. 5357 § 16, 2002; Ord. 5151 § 9, 1999; Ord. 4743 § 1, 1995; Ord. 4212 § 2, 1991.)