(1) Any person affected by a City Administrator’s notice or order under this chapter may request reconsideration by filing a request with the City Administrator. The request must be received by the City Administrator within ten (10) days after the effective date of the applicable notice or order. The request for reconsideration must be in writing and include (a) the name, address, and telephone number of the person requesting reconsideration, (b) a copy of the notice or order being requested for reconsideration, and (c) a statement that the person requests that the City Administrator reconsider the notice or order.

(2) The City Administrator’s response to the request for reconsideration will be personally delivered to the person requesting reconsideration, or sent to the person via first-class mail at the address listed on the request for reconsideration. Any request for reconsideration may be granted or denied by summary order of the City Administrator.

(3) Any person affected by a notice or order of the City Administrator may appeal the notice or order by filing a notice of appeal with the City Recorder, subject to the provisions of this section. A person must first request that the City Administrator reconsider the notice or order as provided in subsections (1) and (2) of this section. The filing of a notice of appeal will stay all proceedings for abatement until the final disposition of the appeal; provided, however, the filing of a notice of appeal will not prevent or impair the City Administrator from addressing a building or structure that poses an imminent hazard under MMC 8.15.100(7). Appeals will be heard at a public hearing before the City Council except that the City Council may refer any such appeal to the Hearings Officer.

(4) The notice of appeal must be filed within ten (10) days after the date the City Administrator’s response to the request for reconsideration is delivered to the person. A copy of the notice of appeal must also be filed with the City Administrator.

(5) The notice of appeal must be in writing and include (a) the name, address, and telephone number of the appellant, (b) a copy of the notice or order being appealed, (c) a statement that the person wishes to appeal the notice or order, and (d) the basis for the appeal, stating with specificity why the notice or order was issued in error, based on one or more of the following: (i) the City failed to follow the procedures prescribed in this chapter and such failure has prejudiced the person with respect to some substantial right; (ii) no violation exists on the property that is the subject of the notice or order; and/or (iii) the time for or method of compliance required in the notice or order is impossible to comply with or, because of circumstances particular to the person or property, would cause an unreasonable hardship.

(6) The hearing upon the appeal will be limited to the reasons why the notice or order is incorrect, as set forth in the notice of appeal. A notice of appeal that is filed after the period provided for filing an appeal will be dismissed as untimely. Failure to appeal as provided under this section will be a waiver of all right to review the notice or order. The City Recorder will provide the appellant with written notice of the hearing on the appeal not less than ten (10) days prior to the hearing.

(7) The person requesting the appeal will be afforded the opportunity to provide evidence or a statement in opposition to the notice or order. The City Administrator will be afforded the opportunity to present any evidence, argument, or statement in support of the notice or order. At the hearing, the appellant may present testimony and oral argument, personally or through legal counsel, and any additional evidence; provided, however, the rules of evidence as used by courts of law do not apply. The decision of the City Council or Hearings Officer is final and conclusive. The decision of the City Council will be recorded in the minutes. The decision of the Hearings Officer will be in writing.

(8) The City Council or Hearings Officer will adopt findings and conclusions supporting a decision which either (a) affirms the notice or order as given, (b) modifies the notice or order, or (c) rescinds the notice or order. Upon a final disposition ordering abatement of a nuisance, and unless another period for compliance is provided in the decision, the owner and/or person in charge of property will have a period equal to that specified in the original notice, commencing from the date of the final disposition, in which to abate the nuisance prior to action by the City. [Ord. 979 § 2 (Exh. A), 2023; Ord. 875 Exh. A § 13, 2015.]