20.20.100 Appeals.
A. Filing.
1. Who May File. Any person subject to an administrative order issued pursuant to this Chapter may appeal it in writing to the Hearing Examiner.
2. When to File. An appeal must be filed within 14 calendar days of service of the administrative order being appealed.
3. How to File. An appeal must be filed by submitting a Notice of Appeal to the Director on forms provided by the City, with the appeal fee set by City Council resolution.
4. Fees.
a. The City Council will establish a fee schedule for appeals of code enforcement actions, which may include a reduced fee for an appellant that qualifies for low-income utility charges pursuant to AMC Chapter 13.44.
b. If an appellant prevails on their appeal, the City will reimburse the appeal fee paid by appellant.
5. Contents. The Notice of Appeal must contain the following:
a. Identification of the order being appealed;
b. The name and address of the appellant and the appellant’s interest(s) in the matter;
c. The specific reasons why the appellant believes the order is in error;
d. The requested relief;
e. Identification of any applicable Anacortes Municipal Code sections.
B. Automatic Stay. An administrative order other than a stop work order is stayed during an appeal to the Hearing Examiner except when the Director determines that the violation will cause immediate and irreparable harm and so states in the order.
C. Standard of Review.
1. The appellant bears the burden of proving that the administrative order was clearly erroneous.
2. The Hearing Examiner may not overturn or modify the Director’s order unless he or she finds it was clearly erroneous.
D. Hearing.
1. The Hearing Examiner must hold a hearing, during regular business hours, to provide opportunities for the parties to be heard on the appeal.
2. Before testifying, any witness, including city staff, must be required to declare that he or she will testify truthfully, by oath or affirmation.
E. Decision.
1. The Hearing Examiner may affirm, reverse, or modify the appealed order.
2. The Hearing Examiner’s written decision must include findings of fact, conclusions of law, and a decision on the appeal.
3. The Hearing Examiner must hold the hearing and provide the written decision on the appeal within ninety days of filing of the Notice of Appeal.
F. Reconsideration.
1. A party to an appeal may seek reconsideration of the Hearing Examiner’s decision by filing a written request for reconsideration, describing the specific errors alleged, within ten days of the date of decision.
2. The Hearing Examiner must consider the request, without public comment or argument by the party filing the request. Reconsideration may be granted only when a material legal error has occurred or a material factual issue has been overlooked that would change the previous decision.
3. A request for reconsideration is not required to exhaust the appellant’s administrative remedies.
G. Exhaustion of Administrative Remedies.
1. The Hearing Examiner’s decision is the final decision of the City on the order.
2. The date of final decision is the date the Hearing Examiner issued its decision, unless any party timely requests reconsideration, in which case the date of final decision is the date the Hearing Examiner makes its decision on reconsideration. (Ord. 2988 § 1 (Att. A), 2016)