22.03.050 Decision of the hearings examiner.
A. Final order. The hearings examiner shall determine whether the city has established by a preponderance of evidence that a violation occurred and that the required corrective action conforms to the requirements of the code. The hearings examiner shall affirm, vacate, or modify the city’s decision regarding the alleged violation; the required corrective action with or without written conditions; deadlines for compliance; and shall impose monetary penalties in accordance with VMC 22.02.070.
B. Modified corrective action. The hearings examiner may approve alternative materials or methods for any corrective action, provided that the hearings examiner finds, in writing, that the design, use or operation thereof satisfactorily complies with the requirements of the code and that the method of work performed or operation is, for the purpose intended, at least equivalent to that prescribed by the code in quality, strength, effectiveness, fire resistance, durability and safety.
C. Cost of appeal. Upon motion of the city, the hearings examiner may assess the costs of an appeal hearing under this title, including, but not limited to, the hearings examiner’s fees and reasonable costs of staff time, if the hearings examiner finds the appeal was frivolous. Any appellant who fails to appear at his or her appeal hearing, unless for good cause shown, shall be responsible for the appeal hearing costs.
D. Decisions concerning nuisance vehicles. If the hearings examiner determines that a vehicle is a nuisance vehicle, the hearings examiner shall direct the Vancouver Police Department to dispose of the nuisance vehicle, or part thereof, under applicable law, and to give notice to the Washington State Patrol and the Washington Department of Licensing that the nuisance vehicle has been wrecked.
E. Contents of final order. Except as provided in VMC 22.03.050(F), the hearings examiner shall issue a written final order that contains the following information:
1. The hearings examiner’s decision; and
2. Findings of fact and conclusions of law supporting the decision; and
3. The required corrective action, if any; and
4. The date and time by which the corrective action, if any, must be completed; and
5. If corrective action is required, the date on which monetary penalties shall continue to accrue; and
6. To the extent the appellant does not prevail in the appeal, the past and future monetary penalties according to VMC 22.02.070; and
7. A statement itemizing the cost of the appeal hearing or hearings examiner or both, if applicable under VMC 22.03.050(C); and
8. The date and time when the city may abate the unlawful condition if the required corrective action is not taken within the time provided in the final order and that the appellant will be responsible for the city’s necessary and reasonable costs.
F. In respect to violations for non-cumulative penalties issued pursuant to VMC 22.02.040(A), the hearings examiner shall affirm or dismiss the notice of civil violation and order after the city and appellant present their respective cases by signing a standard form prescribed by the City Clerk. If the city prevails, the hearings examiner may impose the costs of the appeal, if the conditions of VMC22.03.050(C) apply, in addition of the monetary penalty imposed by the notice of civil violation and order.
G. Appeal of final order. The decision of the hearings examiner shall be final unless appealed by the appellant or the city to a court of competent jurisdiction within twenty-one (21) days of the date of the city’s service of the final order on the appellant as specified in VMC 22.03.050(H).
H. Notice of decision. The hearings examiner shall mail the final order to the city within fourteen (14) calendar days after the close of the public record. The city shall serve the appellant with a copy of the final order as it would serve notice of the appeal hearing according to VMC 22.03.030(A).
I. Failure to appear. If the appellant or the appellant’s representative fails to appear at the scheduled hearing, the hearings examiner shall issue and send or transmit to the city a final order containing the following:
1. A determination that a violation occurred; and
2. An assessment of the appropriate monetary penalties according to the criteria in VMC 22.02.070; and
3. A statement itemizing the cost of the appeal hearing, as outlined in VMC 22.03.050(C); and
4. A determination of the appropriate corrective action and that the appellant may be responsible for the city’s necessary and reasonable costs. (Admin Correction 01/25/2008, G. 30 days to 21 days; Ord. M-3857 §13, 2007; Ord. M-3672 §8, 2004; Ord. M-3638, 2003)