9.120.070 Hearing before the Code Enforcement Board.
(1) At the request of an aggrieved party, the Code Enforcement Board shall conduct a hearing on the civil violation pursuant to the rules of procedure of the Code Enforcement Board for the conduct of hearings. The Director and the person to whom the notice of civil violation and hearing was issued are parties to the hearing and each may call witnesses.
(2) The date set for the hearing before the Code Enforcement Board shall be no sooner than 10 and no later than 30 calendar days from the date the notice of civil violation and hearing are issued.
(3) The Director shall have the burden to prove by a preponderance of the evidence that the property contains graffiti, that the person issued the notice is a responsible party, that the required abatement is reasonable, and that the required abatement has not been completed prior to the date established in the notice issued pursuant to PMC 9.120.060(1).
(4) If the Code Enforcement Board finds that the property contains graffiti, that the person issued the notice is a responsible party, but that the abatement required by the Director is not reasonable, then the Code Enforcement Board shall modify the abatement so that it is reasonable.
(5) The Code Enforcement Board shall issue to the responsible party a decision and order containing the following information:
(a) The decision and order regarding the alleged graffiti nuisance property, including findings of fact and conclusions in support of the decision and order;
(b) Any required abatement action and the date by which the abatement must be completed;
(c) Any monetary penalties assessed based on subsection (6) of this section, which shall be due 10 calendar days after the date of the decision and order;
(d) A description of the additional civil penalties which will automatically accrue pursuant to subsection (10) of this section if the responsible party fails to abate the graffiti nuisance property by the date established in the decision and order;
(e) The date after which the City may abate the graffiti nuisance property pursuant to PMC 9.120.090 if the required abatement is not completed; and
(f) Notice that judicial review of the decision and order may be sought pursuant to subsection (12) of this section.
(6) Monetary penalties assessed by the Code Enforcement Board shall accrue in the amount up to $100.00 per day beginning on the correction date set by the Director or on a subsequent date set by the Code Enforcement Board; provided, that the maximum monetary penalty shall be $5,000. In the alternative, the Code Enforcement Board may choose to assess no monetary penalties.
(7) In determining the monetary penalty assessment, the Code Enforcement Board shall consider the following factors:
(a) Whether the responsible party cooperated with efforts to abate the graffiti nuisance property;
(b) Whether the responsible party failed to appear at the hearing;
(c) Whether the responsible party made substantial progress in abating the graffiti nuisance property; and
(d) Any other relevant factors.
(8) The Code Enforcement Board shall mail a copy of the decision and order to the person to whom the notice of civil violation and hearing was issued and to the Director within 10 working days of the close of the hearing record. If an address for mailing cannot after due diligence be ascertained, a copy of the decision and order shall be posted conspicuously at the property.
(9) If the aggrieved party who requested a compliance hearing fails to appear at the scheduled hearing, the Code Enforcement Board shall, upon submittal of sufficient evidence by the Director, enter a decision and order finding that the property is a graffiti nuisance property, the person to whom the notice was issued is a responsible party, the required abatement is reasonable, and the required abatement action had not been completed prior to the date established in the notice; and assessing the appropriate monetary penalty and costs.
(10) If the responsible party fails to abate the nuisance as ordered by the Code Enforcement Board, monetary penalties in addition to any monetary penalties already assessed by the Code Enforcement Board shall automatically accrue in the amount of $100.00 per day until the abatement is complete.
(11) The City will carry out the Code Enforcement Board’s decision and order and recover all monetary penalties and costs.
(12) Any review of the decision and order of the Code Enforcement Board must be by land use petition filed, pursuant RCW 36.70C.040(3), within 21 days of issuance of the decision and order. [Ord. 3370 § 2, 1999; Code 1970 § 9.85.070.]