HEARING EXAMINER APPEALS
If an ordinance or regulation is being violated, a Code Enforcement Officer will offer a Voluntary Compliance Agreement or issue a Notice and Order or Stop Work Order to the property owner, to the tenants / occupants or to both. A Notice and Order can be appealed to the City of Everett Hearing Examiner.
Code Enforcement Appeal Process
All notice and orders, stop work orders, and notice of assessment may be appealed to the hearing examiner. Any appeal to the hearing examiner shall be received no later than 14 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. Appeals to hearing examiner can be submitted online or by mail or delivered in person. All appeals submitted shall use the Appeal Form. There is a $500 appeal fee that is paid upon submission of an appeal form. Payment can be made by either submitting a check or money order to the City of Everett Treasurer at 2930 Wetmore Suite 100, Everett Washington, 98201 or by major credit card (a 2.3% merchant fee is applied to all credit card payments) by contacting the City of Everett Treasurer’s office at 425-257-8610. The fee may be refunded only if the appellant requests withdrawal of the appeal in writing at least 15 calendar days before the scheduled appeal hearing date or pursuant to EMC 1.20.260(B) or if 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 45 days.
The following parties can appeal a notice and order or stop work order: the owner of the property subject to a notice and order or a stop work order; and the person cited in the notice and order or stop work order.
When the corrective action date, included in an issued Notice and Order, is not met, daily fines will be assessed, and a Notice of Assessment is sent to the violator(s). A Notice of Assessment is appealable to the Hearing Examiner and the same appeal process must be followed.
Hearing Examiner Appeal Hearing Procedures
All complete appeals submitted and allowed shall be scheduled for review by the city. Notice of the appeal hearing shall be delivered to the appellant at least 20 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(B).
Within twenty (20) days of the hearing, the hearing examiner shall issue a written decision based on the whole record. Final decisions become effective on the day after the appeal period expires unless an appeal is filed. 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 (21) days of issuance of the hearing examiner’s decision.
If the person who requests an appeal hearing fails to appear at the scheduled hearing, after having been given notice, the hearing examiner shall issue a default order, which finds that the non-appearing party committed all the violations set forth in the enforcement action and which assesses a monetary penalty in the full amount indicated in the enforcement action.