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A. Remission of Civil Penalties. Within 21 calendar days of the effective date of a notice and order or other order which includes a civil penalty, the person incurring the penalty may appeal in writing to the Code Compliance Hearing Examiner for remission or mitigation of such civil penalty.

B. Appeal of Notice and Order or Restoration Order. Within 21 calendar days of the effective date of a notice and order or restoration order, the owner of the property for which the order was issued or any other person who is subject to the order may appeal the order in writing to the Code Compliance Hearing Examiner.

C. Within ten days of receipt of the written request or appeal, the Code Compliance Hearing Examiner shall notify the Code Compliance Officer, the owner of the property for which the order was issued, and any other person who appealed the order of the date, time and place of hearing. The notification of hearing shall be sent to the owner of the property for which the order was issued and the person appealing the order, if different than the property owner, by certified mail with return receipt requested. The notices shall be mailed at least ten days before the hearing date. A written declaration of mailing shall be made a part of the record declaring the date and time of mailing. The hearing shall be held within 30 days of receipt of the written request for a hearing unless all parties agree to another date.

D. In accordance with RCW 90.58.050 and RCW 90.58.210(4), any penalty jointly imposed by the Code Compliance Officer and the Department of Ecology shall be appealed to the Shorelines Hearings Board. When a penalty is imposed jointly by the Code Compliance Officer and the Department of Ecology, it may be remitted or mitigated only upon such terms as both the Code Compliance Officer and the Department of Ecology agree.

E. Any requests for remission or appeals do not toll the requirement to comply with the ordinances, regulations, and state laws listed in RMC 1.14.030, Applicability. Any violations which continue during the pendency of any requests for remission or appeals shall be separate violations as provided in RMC 1.14.090, Application of Criminal Penalties, Civil Penalties, Equitable Actions, Injunctions, and Other Remedies. However, civil penalties need not be paid until after the Code Compliance Hearing Examiner decides the request for remission or appeal.

F. The Code Compliance Hearing Examiner’s decision to uphold a civil penalty may be appealed by the party on which the penalty is imposed as provided in RCW 36.70C.040 or its successor.

G. Any party, including the City, may appeal the Code Compliance Hearing Examiner’s decision on an appeal of a notice and order or a restoration order as provided in RCW 36.70C.040 or its successor. (Ord. 1935 § 9, 1997).