It is the intent of the city council to afford any responsible person due process of law during the enforcement process. Due process of law shall require adequate notice and an opportunity to request and to participate in any hearing. The following procedures are intended to establish quick, efficient and fair process for review of violations of the Zillah Municipal Code and applicable laws.
(Ord. 1410 § 1, 2016)
A. 
A responsible person served with one of the following documents or notices shall have the right to request an administrative enforcement hearing, if the request is filed within 10 calendar days from the date of service of one of the following notices:
1. 
Notice of violation;
2. 
Notice of itemized bill for costs;
3. 
Administrative citation; or
4. 
Notice of emergency abatement.
B. 
The request for an administrative enforcement hearing shall be made in writing.
C. 
As soon as practicable after receiving the written notice of the request for an administrative enforcement hearing, the city administrator or his/her designated hearing examiner shall schedule a date, time and place for the administrative enforcement hearing.
D. 
Failure to request an administrative enforcement hearing within 10 calendar days from the date of service of any of the notices in subsection (A) of this section shall constitute a waiver of the right to an administrative enforcement hearing and the right to an appeal.
E. 
Within 20 days of the issuance of a notice of violation, the city may request an administrative enforcement hearing for the purpose of compelling a responsible person to comply with correction required on a notice of violation.
F. 
If a responsible person fails to request a hearing after being issued a notice of violation as provided herein, the corrective action detailed on the notice of violation shall be considered the administrative enforcement order pursuant to ZMC § 8.18.210.
(Ord. 1410 § 1, 2016)
City administrator or his/her designee shall serve as hearing examiner. Hearing examiner shall have no personal or financial interest in the matter for which they are conducting a hearing. A city employee may serve as hearing examiner. City administrator may appoint and designate any qualified person to serve as hearing examiner, either on a case-by-case basis, by retainer, contract or any other means deemed appropriate.
(Ord. 1410 § 1, 2016)
A. 
A hearing examiner shall have authority to hold and conduct an administrative enforcement hearing for violations and enforcement of Zillah Municipal Code or other applicable law.
B. 
A hearing examiner may continue a hearing for good cause established by a party or if the hearing examiner independently determines that a continuance is reasonable or necessary in the administration of justice.
C. 
At the request of any party and upon a showing of good cause, hearing examiner may issue subpoenas to compel attendance of witnesses, production of documents, or other evidence. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.
D. 
A hearing examiner may require a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, if requested by the enforcement official handling the matter for the city.
E. 
Hearing examiner is not authorized to make determinations as to the existence of nonconforming rights, structures or uses. If a responsible person claims a nonconforming right as a defense, hearing examiner may continue the administrative enforcement hearing and shall refer the matter to the director for further information reasonable, necessary or of assistance in determining the existence of a nonconforming right. The final decision following the hearing examiner's determination shall be binding on all the parties, subject to applicable appeal rights. The responsible person shall bear the costs of any referral and any appeal by the responsible party of the hearing examiner's decision.
(Ord. 1410 § 1, 2016)
A. 
Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, an informal exchange of discovery may be required. Any such request shall be in writing, and hearing examiner shall have authority to determine the scope of reasonable discovery. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. Hearing examiner may establish rules and procedures for the administrative enforcement hearing provided such rules and procedures are consistent with adopted policies and procedures.
B. 
The city shall bear the burden of proof, by a preponderance of the evidence, to establish a violation of Zillah Municipal Code or applicable law.
C. 
Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his/her case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.
D. 
All administrative enforcement hearings shall be open to the public and shall be recorded by audiotape and/or video. In the discretion of the hearing examiner, administrative enforcement hearings may be held at the location of the violation or may include a visit to the location of the violation.
E. 
The responsible person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney's name, address and telephone number shall be given to the city at least five days prior to the hearing. If such notice is not given, the hearing may be continued at the city's request, and all costs of the continuance shall be assessed to the responsible person.
F. 
Hearing examiner may request that a language interpreter be present at any administrative enforcement hearing if such is deemed necessary or appropriate by the hearing examiner. Determination of qualification and approval of any interpreter is vested in the hearing examiner.
G. 
The burden to prove any raised defense shall be upon the party raising any such defense. The burden of proof shall be a preponderance of the evidence.
(Ord. 1410 § 1, 2016)
A responsible person who fails to appear at an administrative enforcement hearing shall be deemed to have waived the right to such hearing, the adjudication of issues related to the hearing, and the right to appeal; provided, that proper notice of the hearing has been given as provided in ZMC § 8.18.100.
(Ord. 1410 § 1, 2016)
A. 
City and responsible person may enter into a stipulated agreement, which shall be signed by both parties. Such agreement shall be entered as an administrative enforcement order. Entry of such agreement shall constitute a waiver of the right to an administrative enforcement hearing and the right to appeal.
B. 
After all evidence and testimony are presented, the hearing examiner shall issue a written administrative enforcement order that affirms, rejects or modifies the notice or citation.
C. 
Hearing examiner may issue an administrative enforcement order that requires a responsible person to cease and desist from violating the Zillah Municipal Code or applicable law and to take any necessary corrective action.
D. 
Hearing examiner may authorize the city to enter the property and abate all violations and may further authorize filing of a lien against the subject property in the amount of costs and fees incurred and assessed, together with interest at the legal rate.
E. 
Hearing examiner may revoke a kennel permit, an animal license, or the right to possess animals as provided in the city code.
F. 
As part of an administrative enforcement order, a hearing examiner may establish specific deadlines for the payment of fees and costs and condition the total or partial assessment of civil fees on the responsible person's ability to take necessary corrective action by specified deadlines.
G. 
Hearing examiner may issue an administrative enforcement order imposing civil fees. Such fees shall continue to accrue until the responsible person complies with the hearing examiner's decision and corrects the violation.
H. 
Hearing examiner may schedule subsequent review hearings as may be necessary or as requested by the city to ensure compliance with an administrative enforcement order.
I. 
Hearing examiner may order a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the city.
J. 
An administrative enforcement order shall become final on the date of signing by a hearing examiner.
K. 
An administrative enforcement order shall be served on all parties by any one of the methods listed in ZMC § 8.18.100. When required by this chapter, the director shall record the administrative enforcement order with the Yakima County auditor's office.
L. 
After a hearing examiner has issued an administrative enforcement order, the director shall monitor the matter for compliance with the administrative enforcement order.
(Ord. 1410 § 1, 2016)
It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a final administrative enforcement order. A violation of this section shall be a misdemeanor.
(Ord. 1410 § 1, 2016)
A. 
Any responsible person adversely affected by a final administrative enforcement order may file a petition for review in the Zillah municipal court.
B. 
The petition for review shall be barred unless it is filed within 30 days following signing of the administrative enforcement order.
C. 
In the petition, the plaintiff may only allege that the administrative enforcement order was arbitrary, capricious or illegal.
D. 
The court shall:
1. 
Presume that the administrative enforcement order is valid;
2. 
Review the record to determine whether the order was arbitrary, capricious or illegal; and
3. 
Affirm the administrative enforcement order if it is supported by substantial evidence in the record; or
4. 
Remand the administrative enforcement order if it is not supported by substantial evidence in the record.
E. 
The record of the proceedings including exhibits, minutes, findings, orders, recording of administrative hearing and, if determined by the municipal court, a true and correct transcript of the proceeding shall be transmitted to the reviewing court. If the proceeding was tape recorded, a transcript of such tape recording shall be deemed a true and correct transcript for purposes of this subsection.
F. 
Appellate review shall be limited to the administrative record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the hearing examiner and the court determines that it was improperly excluded by the hearing examiner. The court may call witnesses and take evidence if there is no record.
G. 
The filing of a petition for review does not stay execution of an administrative enforcement order. Before filing a petition, a responsible person may request the hearing examiner to stay an administrative enforcement order. Upon receipt of a request to stay, the hearing examiner may order the administrative enforcement order to be stayed pending court review if the hearing examiner finds such stay to be in the best interest of the city.
(Ord. 1410 § 1, 2016)