A. Hearing Procedures. All appeal hearings shall be conducted in the manner set forth in this chapter and the rules of procedure before the hearing examiner of the city.

B. Scheduling of Hearings. All complete appeals submitted and allowed pursuant to this chapter shall be scheduled for review by the city. Notice of the appeal hearing shall be delivered to the appellant at least twenty days prior to the start of the hearing and shall be delivered to the person named on the appeal pursuant to EMC 1.20.080(E).

C. No Stay. Enforcement of any stop work order shall not be stayed during the pendency of an appeal.

D. Cancellation of Hearing. Except in the case of a repeat violation; a violation which creates a situation or condition which cannot be corrected; or a violation posing an immediate risk or threat to persons, property or public safety, an appeal hearing may be canceled if the code enforcement officer approves a fully completed remedy or corrective action at least forty-eight hours prior to the scheduled hearing commencement date. Accrued fines, penalties, and costs shall not be affected by cancellation of the hearing.

E. Costs of Administrative Appeal. Whenever an enforcement action is affirmed or substantially upheld on appeal, the hearing examiner shall assess to the appellant the amount of the costs incurred by the city and the hearing examiner in litigating and processing the appeal before the hearing examiner. These costs shall, without limitation, include those expenses incurred in preparing for the appeal, issuing public notice as required under the code or hearing examiner’s rules, general clerical expenses, staff, witness and hearing examiner preparation time, site inspections, city attorney costs, including fees paid to outside counsel and consultants needed to prosecute the appeal, and other expenses incurred by the city arising from the enforcement action and/or violation. City litigation costs may be waived in whole or in part by the code enforcement officer if the responsible person has corrected or remedied the alleged violation at least thirty working days prior to the scheduled appeal hearing date and the code enforcement officer verified in writing the adequacy of the corrective action. Accrued fines and penalties to the date of verified correction or remedy shall not be waived. (Ord. 3901-22 § 2 (Exh. A), 2022.)