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ORDINANCE NO. 2378
AN ORDINANCE AMENDING CHAPTER 18.80 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "HEARING EXAMINER"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.80 of the Moses Lake Municipal Code entitled "Hearing Examiner" is amended as
follows:
18.80.106 Appeal Procedure — Administrative Enforcement: The procedures in this section apply only to
appeals to the Hearing Examiner pursuant to Chapters 1.20 or 18.88 of this Code.
A. Written Appeal. Appeals shall be written and shall include the following.
1.The date of, the name of the person subject to and the address of the property or the
location subject to the Notice of Violation and Order to Correct or Cease Activity from
which the appeal is being taken.
2.The name and mailing address of the person appealing.
3.A brief statement of the specific action being appealed, together with any material facts
claimed to support the contentions of the appellant.
4.A brief statement of the relief sought and the reasons why it is claimed the Notice of
Violation and Order to Correct or Cease Activity was improperly issued.
5.The appeal fee established pursuant to Section 18.80.100.
B. Filing the Appeal. The appellant shall file an appeal with the Community Development
Department within ten (10) days after the date of the decision being appealed.
C. Rejection of Appeal. If an appeal is not properly filed because one (1) or more of the required
materials set forth in this section has not been submitted to the Community Development
Department within the time limit established in this section, the Community Development
Director has the authority to reject the appeal. In such instances, the Community Development
Director shall inform the appellant in writing that the appeal has been rejected and include an
explanation of its deficiency(ies).
D. Stay of Proceedings. If an appeal is properly filed within the time limit, the Notice of Violation
and Order to Correct or Cease Activity shall be suspended, and no further enforcement action
shall be taken unless the city files for accelerated review of the appeal because of an
emergency situation. In the event a request for accelerated review is received, the Hearing
Examiner will conduct a preliminary hearing to determine the hearing schedule and to enter
any temporary order to protect the general welfare of the citizens of the city if deemed
necessary.
E. Department Action. If an appeal is properly filed within the time limit, the Community
Development Director shall:
1.Set the hearing on the appeal for a date that is within ninety (90) days of the date the
appeal was filed.
2.Give notice of the hearing as specified in Section 20.07.035.
Adopted by the City Council and signed by its Mayor on 0-1 , 108.
Ronald C. Covey, M
ATTEST:
Ronald R. Cone, Finance Director
AP D AS TO FOR
—.e., . -7- James A.itaker, City Attorney
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ORDINANCE NO. 2378
PAGE 2 March 11, 2008
3.Provide the Hearing Examiner with the appropriate materials as set forth in Section
20.07.035.
4.The appellant, and City Attorney shall be provided copies of any material provided to the
Hearing Examiner if they have not previously been provided.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
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