1.20.290 Decision of the hearing examiner.
A. Within twenty days of the hearing, the hearing examiner shall issue a written decision based on the whole record, which includes but is not limited to the following information:
1. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing, prehearing determinations, and other similar information.
2. Findings. The facts that the hearing examiner finds relevant, credible, and requisite to the decision, based on the record of the proceedings.
3. Conclusions. Legal and factual conclusions, including assessment of civil penalties, based upon specific provisions of law and the findings of fact.
4. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse).
B. The hearing examiner shall cause a copy of the decision to be served on the parties pursuant to EMC 1.20.080(E).
C. The decision of the hearing examiner shall be final unless appealed pursuant to this section. To appeal the decision of the hearing examiner, a person with standing to appeal must file a land use petition, as provided in Chapter 36.70C RCW, within twenty-one days of issuance of the hearing examiner’s decision. The cost for transcription of all records ordered certified by the Superior Court for such review shall be borne by the appellant and is nonrefundable.
D. 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 misdemeanor punishable by a fine of not more than one thousand dollars or up to ninety days’ imprisonment, or both. In addition to criminal punishment pursuant to this subsection, the city may pursue collection, liening the property, and abatement as provided in this chapter. (Ord. 3901-22 § 2 (Exh. A), 2022.)