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The examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter decisions as provided for herein. The examiner, subject to the appropriate conditions and safeguards as provided by the Pasco Municipal Code, shall hear and decide:

(1) Land use decisions including preliminary plats, special and conditional use permits, planned density developments, recreational vehicle parks, wineries, variances, review of administrative actions, waiver of violations, extension of use on border of district, and administrative exceptions as provided in PMC 25.195.020. The examiner may also conduct hearings and prepare recommendations for City Council consideration of rezone and planned unit development applications.

(2) Administrative Decisions. Appeals of administrative decisions or determinations may be heard by the examiner as directed by the City Manager, City Council or by ordinance.

(3) SEPA Appeals. Appeals of administrative decisions and determinations made pursuant to Chapter 43.21C RCW may be heard by the examiner.

(4) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as provided in Chapter 10.25 PMC.

(5) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the chief law enforcement officer of the City of Pasco, conduct seizure and forfeiture hearings as provided in RCW 10.105.010.

(6) Animal Code – Wild, Potentially Dangerous or Dangerous Animals. The examiner shall hear the appeal of any owner of an animal determined by the Poundmaster to be a dangerous or potentially dangerous animal as provided in Chapter 6.05 PMC.

(7) Hear revocations, appeals, and requests for reinstatement of business licenses under PMC Title 5.

(8) Hear appeals of a right-of-way use permit, construction permit, or the renewal or conditioning thereof.

(9) Other Powers. In the performance of duties prescribed by this chapter or other ordinances, examiners may:

(a) Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions pursuant to Washington State Court Rules; provided, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law.

(b) Upon the request of any other party, or upon his own volition, issue and cause to be served subpoenas to the attendance of witnesses and for production of examination of any books, records, or other information in the possession or under the control of any witness; provided, that such subpoenas shall state the name and address of the witness sought, and if for production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved.

(c) Regulate the course of the hearing in accordance with this and other applicable ordinances.

(d) Hold conferences for the settlement or simplification of the issues by consent of the parties.

(e) Dispose of procedural requests or similar matters.

(f) Take any other action authorized by ordinance. In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to said subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material of proper books or records or other information in his possession and under his control, the examiner may invoke the aid of the City Attorney, who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena.

(g) The examiner is hereby empowered to act in lieu of the Code Enforcement Board, and such officials, boards or commissions as may be assigned. Wherever existing ordinances, codes or policies authorize or direct the Code Enforcement Board, or other officials, boards or commissions to undertake certain activities which the examiner has been assigned, such ordinances, codes or policies shall be construed to refer to the examiner.

(h) The examiner may, as a part of any land use hearing, conduct an unescorted view of the subject property and shall report on the record the date, time and general location of the view. [Ord. 4431 § 1, 2019; Ord. 4347, 2017; Code 1970 § 2.19.080.]