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A. Any appeal to the hearing examiner shall be received no later than fourteen calendar days after the notice and order or stop work order has been served. Except for stop work orders, receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached or unless otherwise ordered by the hearing examiner. The appeal shall include:

1. The case/file number designated by the city and the name of the appellant;

2. The name and signature of each appellant or their authorized representative and a statement showing that each appellant has standing to file the appeal pursuant to EMC 1.20.250(C);

3. The address and contact information where notices can be sent to the appellant;

4. The stop work order or notice and order complained of; provided, that when multiple enforcement actions have been issued simultaneously for any set of facts constituting one or more violations, only one appeal of all such enforcement actions shall be allowed;

5. A concise statement of the issues appealed, the basis for relief, and relief requested by the appellant; and

6. The appeal fee in the amount of five hundred dollars. The fee may be refunded only if the appellant requests withdrawal of the appeal in writing at least fifteen calendar days before the scheduled appeal hearing date or pursuant to subsection (B) of this section.

B. A person responsible for a code violation who successfully appeals the notice and order or stop work order by having the hearing examiner rule in their favor shall be refunded the appeal fee within forty-five days.

C. The code enforcement officer may administratively deny an appeal as untimely if the appellant fails to conform to the requirements contained in subsection (A) of this section, including failure to pay the appeal fee. The administrative denial shall be in writing and served in compliance with EMC 1.20.080(E). Appeals of the code enforcement officer’s decision shall be to superior court in conformance with Chapter 36.70C RCW.

D. Failure to appeal the notice and order or stop work order as provided in this section constitutes a waiver of all right to an administrative hearing and determination of the matter. (Ord. 3901-22 § 2 (Exh. A), 2022.)