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2870ORDINANCE NO. 2870 AN ORDINANCE AMENDING CHAPTER 1.20 OF THE MOSES LAKE MUNICIPAL CODE TITLED "CIVIL CODE ENFORCEMENT" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 1.20.030 of the Moses Lake Municipal Code titled "Declaration of Public Nuisance" is amended as follows: 1.20.030 Declaration of Public Nuisance. All civil code violations are determined to be detrimental to the public health, safety, and environment, and are declared to be public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this chapter, except where specifically excluded by law or regulation. Any person who causes, aids or abets a civil code violation pursuant to this title by any act of commission or omission shall be deemed to have committed a civil violation subject to the following penalties, unless specific penalties are provided by any section of this Code: A. First violation within any 12 month period C-12 B. Second violation within any 12 month period C-6 C. Third or subsequent violation(s) within any 12 month period C-1 All penalties shall be subject to and shall include any state mandated additional fees, including the public safety education assessments pursuant to RCW 3.62.090, as now enacted or hereafter amended. Section 2. Section 1.20.120 of the Moses Lake Municipal Code titled "Administrative Notice and Order - Appeal" is amended as follows: 1.20.120 Administrative Notice and Order -Administrative Appeal: A. Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer shall be appealable to the Community Development Director or designee. Any dispute as to whether or not a violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued has been resolved so as to comply with the underlying city standard shall be appealable to the Community Development Director or designee so long as such appeal is filed before the penalty sum has reached five thousand dollars ($5,000). B. How to Appeal. A person to whom a notice and order is issued pursuant to this chapter may appeal to the Community Development Director by submitting to him or her a written request within fourteen ( 14) calendar days from the date of service of the Notice of Violation and Order to Correct or Cease Activity. The written appeal notice must contain at a minimum the following information: 1. A brief statement of what is being appealed; 2. A statement of the relief sought and the reasons why the city official's determination should be reversed, modified or set aside; 3. The property owner's or violator's current address; 4. Identification of any witness testimony, photographs, or documentary evidence to be presented; and 5. A statement or verification under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A.72.085. C. Appeal Hearing. The Community Development Director, or his or her designee if he or she is unavailable, shall conduct the appeal hearing within seven (7) calendar days after receipt of the written notice requesting the initial appeal hearing. The Community Development Director or designee shall apply the evidentiary standard of a preponderance of the evidence and shall issue a written determination affirming, modifying, or rescinding the city official's determination. A copy of his or her decision shall be provided to the property owner or violator requesting the initial appeal hearing by mailing to the address provided in subsection (8)(3) above. D. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal. E. Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. Section 3. A new Section 1.20.125 of the Moses Lake Municipal Code titled "Administrative Notice and Order -Hearing Examiner Appeal" is adopted as follows: 1.20.125 Administrative Notice and Order -Hearing Examiner Appeal A. Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer and affirmed or modified by the Community Development Director or designee or decision of the Community Development Director or designee regarding compliance with any Notice of Violation and Order to Correct or Cease Activity shall be appealable to the Hearing Examiner by filing a written notice of appeal with the City Clerk within fourteen (14) calendar days after the date of mailing of the Community Development Director's or designee's written decision. The appeal must be accompanied by a filing fee in the amount established by the City's fee resolution, which is refundable if the appellant prevails on the appeal. B. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the Hearing Examiner may impose a daily monetary penalty from the date of service of the notice and order if he or she finds that the appeal is frivolous or intended solely to delay compliance. C. Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. Section 4. Section 1.20.130 of the Moses Lake Municipal Code titled 11Administrative Notice and Order - Appeal -Hearing" is amended as follows: 1.20.130 Administrative Notice and Order -Appeal -Hearing Examiner Hearing: A. Date of Hearing. Within ten (10) days of the Clerk's receipt of the appeal, the Hearing Examiner shall set a public hearing for a date within forty-five (45) days of the Clerk's receipt of the appeal, unless a longer period is agreed to between the parties. B. Notice of Hearing. The Clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the notice and order, and mailed to the appellant and the complainant, if not anonymous, at least ten (10) calendar days before the hearing. The notice shall contain the following: 1. The file number and a brief description of the matter being appealed; 2. A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal; 3. The date, time and place of the public hearing on the appeal; 4. A statement of who may participate in the appeal; and 5. A statement of how to participate in the appeal. C. Conduct of Hearing. The Hearing Examiner shall conduct the hearing on the appeal pursuant to Chapter 18.80 MLMC and the rules of procedure of the Hearing Examiner. Section 5. Section 1.20.140 of the Moses Lake Municipal Code titled "Administrative Notice and Order - Appeal -Decision" is amended as follows: 1.20.140 Administrative Notice and Order -Appeal -Hearing Examiner Decision: A. 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. B. The Hearing Examiner shall issue an order to the person responsible for the violation which contains the following information: 1. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; 2. The required corrective action; 3. The date by which the correction must be completed; 4. The monetary penalties assessed based on the provisions of this chapter; 5. The date after which the City may proceed with abatement of the unlawful condition if the required correction is not completed. C. Assessment of Monetary Penalty. Monetary penalties assessed by the Hearing Examiner shall be in accordance with the monetary penalty schedule in MLMC 1.20.110(6). D. Abatement. Where action to abate the violation is required, the hearing examiner shall give substantial weight to the City's determination regarding the nature of any such action required, and whether such action has been satisfactorily performed. E. Notice of Decision. The hearing examiner shall mail a copy of the decision, including findings of fact, conclusions, and order, to the applicable department director within fourteen (14) working days of the hearing. The City shall forward a copy of the decision to the appellant no later than two (2) working days after its receipt of the decision. F. Judicial Review. Judicial review of a decision by the Hearing Examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.?0C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within twenty-one (21) days of the date of the decision. For purposes of this section, "aggrieved or adversely affected" shall have the meaning set forth in RCW 36.?0C.060 (2). G. Effect of Decision. If judicial review is not obtained, the decision of the Hearing Examiner shall constitute the final decision of the City, and the failure to comply with the decision of the Hearing Examiner shall constitute a civil violation punishable by a fine of not more than five thousand dollars ($5,000). In addition to civil penalties pursuant to this subsection, the City may pursue collection and abatement as provided in this chapter. Section 6. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on September 26, 2017. ATTEST: APPROVED AS TO FORM: