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A person to whom a notice of civil trespass is issued under this chapter shall have the right to appeal as follows:

(1) An appeal of the notice of civil trespass must be filed, in writing, within 10 calendar days of the issuance of the warning, and shall include the appellant’s name, address and phone number, if any. No fee shall be charged for filing the appeal.

(2) The appeal shall be filed with the City Clerk’s office.

(3) Appeals shall be heard by the Pasco Hearing Examiner.

(4) Upon receipt of the appeal by the City Clerk, a hearing on the matter shall be scheduled with the Pasco Hearing Examiner in accordance with Chapter 2.50 PMC. Notice of the hearing shall be provided to the appellant by U.S. first-class mail to the address listed in the written appeal. If no address is provided, notice shall be sufficient when left at the front desk of the Pasco Police Department no less than 10 calendar days prior to the scheduled hearing.

(5) Copies of documents in the City’s control which are intended to be used at the hearing, and which directly relate to the issuance of the notice of civil trespass to the appellant, shall be made available upon request to the appellant at no cost.

(6) The appellant and the City shall have the right to attend with or without an attorney, the right to testify, to call witnesses, to cross-examine witnesses and to present evidence. All appeal hearings shall be recorded. The appellant shall have the right to bring a court reporter at his or her own expense, and/or to commission a transcription of the recording of the hearing at his or her own expense.

(7) The Hearing Examiner shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings.

(8) The City shall bear the burden of proof by a preponderance of the evidence that the notice of civil trespass was properly issued pursuant to the criteria of this section.

(9) If the appellant fails to attend a scheduled hearing, the Hearing Examiner shall dismiss the appeal and affirm the notice of civil trespass issued by the City.

(10) At the conclusion of the hearing, the Hearing Examiner shall consider all the evidence and render a decision. Within 10 business days of the hearing, the Hearing Examiner shall reduce the decision to writing, a copy of which shall be mailed certified and U.S. first-class mail to the appellant at the address provided. If no address is provided, a copy of the decision shall be posted at the front desk of the Pasco Police Department.

(11) The decision of the Hearing Examiner shall be final and the appellant shall be deemed to have exhausted all administrative remedies. An appeal of the Hearing Examiner’s decision must be filed with Franklin County Superior Court no later than 5:00 p.m. on the fourteenth day following the date the written decision is provided to the appellant either by mail or by posting as described herein.

(12) The notice of civil trespass shall remain in effect during the appeal and review process, including any judicial review. [Ord. 4349 § 1, 2017; Code 1970 § 9.50.100.]