16.70.080 Appeals.
(1) The Code Enforcement Board shall have jurisdiction to hear appeals of orders of abatement.
(a) The Code Enforcement Board or their designee shall arrange a reasonable time and place for hearing the appeal within not less than 10 nor more than 20 days after the appeal has been filed, and notify the person who is appealing (the “appellant”) regarding the designated time and place. The hearing shall be scheduled so as to allow 10 or more days’ notice to the appellant and all interested parties and to permit final decision by the Code Enforcement Board within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the Code Enforcement Officer, except insofar as temporary measures of an emergent nature are required, such as securing the building to minimize any imminent danger to the public health or safety.
(b) The matter must be concluded by the Code Enforcement Board within 60 days after the date the appeal has been filed unless continued for a specified time with the consent of the appellant as provided in this section.
(c) The Code Enforcement Board shall conduct a full and fair review of the record of the proceedings before the Code Enforcement Officer, and the action taken. The hearing shall be on the record and not de novo. Normally the Code Enforcement Board will not accept new evidence or evidence not made available to the Code Enforcement Officer in the absence of good cause. However, the Code Enforcement Board may allow presentation of new evidence at its discretion and may continue the matter for that purpose in the interest of conducting a full and fair hearing, if it will not cause the hearing to extend beyond the required 60-day period. With the consent of the appealing party, a continuance may extend the hearing for a specified number of days beyond that period for further evidence or deliberation. If the Code Enforcement Board fails to reach a decision within the required time, or the time extended with the appellant’s consent, the Code Enforcement Officer’s order and findings shall be deemed to be those of the Code Enforcement Board, and shall be deemed final and subject to review by the Superior Court.
(d) The Code Enforcement Board may affirm, modify, reverse, or return with directions the action or decision appealed in the event he or she finds an error of law or the record is not supported by substantiated evidence.
(e) At the conclusion of the hearing the Code Enforcement Board shall issue a written decision describing the decision or action appealed, making written findings of fact and stating the reasons for their decision, and making an appropriate order or orders, notify the appellant in writing of their action, and file the decision, findings, and orders with the Franklin County Auditor. A transcript of the Code Enforcement Board’s decision, findings, and orders shall be made available to the appellant, on demand.
(f) The Code Enforcement Board may promulgate additional written rules of procedure for the conduct of proceedings, to ensure a prompt and thorough review of appeals.
(g) The decision, findings, and orders of the Code Enforcement Board shall be reported in the same manner and shall bear the same legal consequences as if issued by the Code Enforcement Officer, and shall be subject to further review only in the manner and to the extent provided in subsection (2) of this section. If it is not timely and correctly appealed under subsection (2) of this section, the Code Enforcement Board’s decision is final.
(2) Any person affected by an order issued by the Code Enforcement Board pursuant to this section may, within 30 days after the posting and service of the order, petition the Superior Court for an injunction or other appropriate order restraining the Code Enforcement Officer from carrying out the provisions of the order. As provided by RCW 35.80.030, in all such proceedings the court may affirm, reverse, or modify the order and the trial shall be de novo.
(3) The order of the Code Enforcement Officer or the Code Enforcement Board may prescribe times within which demolition or other abatement shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time limit for appealing, the Code Enforcement Officer may commence the required abatement action after having taken the legally required steps, if any, to gain entry. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the Code Enforcement Officer or the Code Enforcement Board may extend the time for completion of the work, subject to immediate summary revocation at any time without further hearing if satisfactory progress is not being made.
(4) If the owner is unable to comply with the Code Enforcement Officer’s or the Code Enforcement Board’s order within the time required, and the time for appeals to the Code Enforcement Board or petition to the court has passed, the owner may, for good and sufficient cause beyond his or her control, request an extension of time in writing supported by affidavit. The Code Enforcement Officer or Code Enforcement Board may grant a reasonable extension of time after finding that the delay was beyond the control of the owner. There shall be no appeal or petition from the denial of an extension of time.
(a) Any work, including demolition, construction, repairs, or alterations required under this chapter, shall be subject to permitting requirements pursuant to the Pasco Municipal Code. [Ord. 4515 § 2, 2021; Ord. 4305 § 1, 2016; Code 1970 § 16.50.080.]