1.20.240 Hearing examiner—Powers and duties.
A. There is created the office of hearing examiner.
B. Hearing examiner(s) shall be part-time and remunerated by personal service contract.
C. Hearing examiner(s) shall be appointed by the mayor.
D. Hearing examiner(s) shall be licensed to practice law in the state.
E. Hearing examiner(s) shall be responsible for presiding over all appeal hearings brought pursuant to this chapter as well as other administrative matters over which they may be requested to preside.
F. Hearing examiner(s) shall have the power to:
1. Administer oaths and affirmations and examine witnesses;
2. Issue subpoenas upon the request of any party. The office of the city attorney and the office of the city attorney’s designee are also authorized to issue subpoenas. When so required by the hearing examiner, the applicant for the subpoena shall show to hearing examiner’s satisfaction the general relevance and reasonable scope of the evidence sought;
3. Establish other rules and procedures to conduct hearings consistent with this chapter and state law;
4. Regulate the course of the hearing, including granting of continuances;
5. Hold conferences if requested by the parties;
6. Make and issue decisions that incorporate findings of fact and conclusions of law, and enter orders following hearings, stipulated orders and orders of default. The orders may include the following:
a. A requirement that the property owner abate the code violations in accordance with the manner prescribed by the code enforcement officer;
b. Assessment of the monetary penalties as set forth in this chapter if the responsible person has been found to have violated the code;
c. Authorization for the city or its designated agent to undertake and complete abatement, without further order of the hearing examiner, if the violation has not been completely abated within the time period set forth in the notice and order (but such authorization will not be deemed necessary for such abatement when such abatement is allowed elsewhere in this chapter or the code);
e. Assessment of the costs of the hearing against the person(s) to whom the violation was issued if the responsible person has been found to have violated the code; and
f. A statement notifying the person(s) to whom the order is issued that the procedure for filing an appeal is set forth in Chapter 36.70C RCW;
7. Dismiss one or more of the allegations set forth in the notice and order or stop work order upon a determination that such allegation has not been proved as required by this chapter. (Ord. 3901-22 § 2 (Exh. A), 2022.)