Section 20.14.330 Procedure on appeal.

1. Appeal to the manager.

a. Any person, firm, or corporation desiring to appeal a notice or order issued by the manager or his representative shall file in the office of the manager a written petition requesting such hearing and setting forth a statement of the grounds therefor. Such petition shall be filed in the office of the manager on or before the date upon which the notice or order is effective or is to be complied with, or within ten days after the day upon which such notice or order was received, whichever period is less. Within ten days of receipt of such petition, the manager shall set a time and place for hearing on said appeal and shall give the petitioner, the inspectors involved, the appropriate board and all interested parties notice thereof. At such hearing the petitioner, involved inspectors and all interested parties shall be given an opportunity to be heard and to show cause why such notice or order appealed from should be sustained, modified or withdrawn. The hearing before the manager shall be commenced not later than thirty days after the date on which the petition was filed; provided, that upon written application of the petitioner, the manager may postpone the date of hearing for a reasonable time beyond such thirty-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement. Any notice served pursuant to this title shall automatically become an order if a written petition for a hearing is not filed in the office of the manager within ten days after such notice is served. Any permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the manager within ten days after such notice is served. The manager shall have the power to administer oaths and affirmations in connection with the conducting of any hearing held in accordance with the provisions of this title.

b. After such hearing, and within two working days, the manager shall sustain, modify or withdraw the notice or order appealed from, upon his findings. The manager may also modify any notice or order so as to authorize a variance from the provisions of this title when, because of special conditions, a literal enforcement of the provisions of this title will result in practical difficulty or unnecessary hardship; provided, that the spirit of this title will be observed, public health and welfare secured, and substantial justice done. If the manager sustains or modifies a notice, it shall be deemed to be an order, and the owner, operator or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time, as determined by the manager.

After a hearing before the manager in the case of any notice suspending any permit required by this title when such notice has been sustained by the manager, the permit shall be deemed to have been revoked unless further appeal action is filed. The determination and disposition of an appeal made by the manager shall be summarized, reduced to writing and entered as a matter of public record in the office of the manager. The manager shall notify all appealing parties of his determination and disposition of the appeal by written notice and/or order sent by certified mail.

2. Further appeal to mechanical board.

a. Any party who, after having appealed a notice or order to the manager, is aggrieved by the manager's determination or disposition of such appeal, may further appeal the manager's determination or disposition of the case to the mechanical board.

b. The scope of the appeal to such board shall be the same as in the case of the initial appeal to the manager.

c. Any dissatisfied party shall, within ten days after receipt of the manager's written determination and/or disposition of the appeal, file in the office of the manager a written petition requesting further appeal to the board and setting forth a statement of the grounds therefor. The manager shall immediately forward such petition to the chairperson or secretary of the board.

d. Within ten days of receipt of such petition, the board's secretary shall set a time and place for hearing on said appeal and shall give the petitioner, involved inspectors and all interested parties notice thereof. At such hearing, the petitioner, involved inspectors and all interested parties shall be given an opportunity to be heard and to show cause why such notice or order should be sustained, modified or withdrawn. The hearing before the board shall be commenced not later than thirty days after the date on which the petition was filed; provided, that upon written application of the petitioner, the board may postpone the date of hearing for a reasonable time beyond such thirty-day period if, in their judgment, the petitioner has submitted a good and sufficient reason for such postponement. The chairperson of the board shall have the power to administer oaths and affirmations in connection with the conducting of any hearing held in accordance with the provisions of this title.

e. After such hearing, the board shall sustain, modify or withdraw the notice or decision made by the manager, depending upon their findings. The board may also modify any notice or order so as to authorize a variance from the provisions of this title when, because of special conditions, a literal enforcement of the provisions of this title will result in practical difficulty or unnecessary hardship; provided, that the spirit of this title will be observed, public health and welfare secured, and substantial justice done. If the board sustains or modifies a notice, it shall be deemed to be an order, and the owner, operator or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time, as determined by the board. After a hearing before the board in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the board, the permit shall be deemed to have been revoked.

The determination and disposition of an appeal made by the board shall be summarized, reduced to writing, and entered as a matter of public record in the office of the manager. The secretary of the board shall notify all appealing parties of the board's determination and disposition of the appeal by written notice.

f. Any citizen aggrieved with a decision of the mechanical board may appeal to the licensing appeals board when the decision is made in regard to issuance, denial, suspension or revocation of a license issued under authority of this chapter.

g. Any citizen aggrieved with a decision of the mechanical board may appeal to any court of appropriate jurisdiction, when the decision is made in regard to alternative materials or methods of construction as required by this chapter. (Ord. 2000-9734)