16.08.270 Hearings before the hearing examiner.
A. Unless, prior to the time fixed for hearing in the complaint issued by the hearing examiner, arrangements satisfactory to the hearing examiner for the repair, demolition, vacation or reoccupancy of the building or premises are made, including the proper application for permits, or abatement of the nuisance, the hearing examiner shall hold a hearing in accordance with Process II, LMC 1.35.200 et seq., and this chapter for the purpose of determining the immediate disposition of the building or premises. The hearing examiner shall determine whether or not the building is an unfit building as defined by LMC 16.08.230, or whether the building is a substandard or boarded-up building as defined by LMC 16.08.230 and 16.08.240, or if the condition is a nuisance under LMC 16.08.250. The rules of evidence prevailing in courts of law or equity shall not be controlling at the hearing before the hearing examiner. Evidence, including hearsay evidence, is admissible if in the judgment of the hearing examiner it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs.
B. The hearing examiner shall determine whether or not the building should be repaired or vacated in the event that it fails to comply with any provision or provisions of LMC 16.08.230 or 16.08.240, whether or not the building should be demolished based upon the specific requirements of LMC 16.08.230, whether an annual inspection fee is due or a building should be boarded-up or whether or not a nuisance should be abated under LMC 16.08.250.
C. If, after the required hearing, the hearing examiner determines that the building is unfit, substandard or boarded-up, or the condition of the building or premises is a nuisance, the examiner shall state in writing his or her findings of fact in support of such determination, and shall issue and cause to be served upon the owner and other appearing a copy of such findings in the manner provided in LMC 16.08.260. The examiner shall cause to be posted an order in a conspicuous place on said property:
1. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve such building to render it fit for human habitation or for other use, and to vacate and close the building; or
2. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve such building to render it fit for human habitation or for other use, or to vacate and close the building; or
3. Stating that an annual inspection fee has been assessed against the building until such time as it is reoccupied or demolished; or
4. Requiring the owner or party in interest to abate the nuisance and setting out generally those steps necessary to abate it, including boarding-up an abandoned or vacant building. In addition, such order shall state that the owner has the right to appeal to the superior court in accordance with RCW 1.35.260 and, unless he does appeal or comply with the order, the city shall have the power, without further notice or proceedings, to vacate and secure the building or premises and do any act required of the owner in the order of the hearing examiner, and to charge any expenses incurred thereby to the owner and assess them against the property; provided, that if an annual inspection fee is the only order made by the hearing examiner, the addition to the notice need only state that unless the fee is paid or arrangements for payment are made or an appeal filed, that amount will be assessed against the property.
D. If no appeal is filed, a copy of such order shall be filed with the auditor of Snohomish County and shall be a final order. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)