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Home My WebLink About4547 ORDINANCE ~7/-'4- ~-'/'~ AN ORDINANCE reorganizing the hearing examiner function as part of the Bremerton Municipal Court and amending Chapters 2.62, 5.02, 6.04, 6.32, 7.07, 7.08, 10.11, 10.40 and 15.08 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.62.045 is hereby amended to read as follows: 2.62.045 HEARING EXAMINER - PROCEDURE - APPEAL. The hearing examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the office of the hearing examiner from any final administrative decision covered by the provisions of this chapter shall be made within ~ seven (7) working days from the date of appellant's notification of the decision. Date of mailing shall be considered date of notification. Appeals shall include the appellant's name, address and telephone number, an~ the written decision being appealed and the municipal code section establishing the appeal. Appeals shall be accompanied by a Fifty Dollar ($50.00) filing fee, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings. Enforcement of the administrative decision being appealed to the examiner shall be stayed during the pendency, of an appeal which has been properly and timely filed provided there is not imminent threat to the public's safety_ and welfare. The hearing examiner's decision shah be final and conclusive unless the appellant or the City files for a Writ of Certiorari in Kitsap County Superior Court within thirty (30) days. Procedures of this section, including filing fee, and appeal of the examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The examiner shall have jurisdiction to receive and rule on appeals of administrative decisions specified in the following Titles of the Bremerton Municipal Code: (1) Business Licenses and Regulations, Title 5 (2) Health and Sanitation, Title 6 (3) Animals and Fowl, Title 7 (4) Peace, Safety and Morals, Title 9 (5) Traffic, Title 10 (6) Municipal Utilities, Title 15 Section 2. Amendment. Section 5.02.310 is hereby amended to read as follows: 5.02.310 APPEALS. Any taxpayer aggrieved by the amount of the fee or tax found by the Treasurer to be required under the provisions of this chapter may file a written appeal with the office of the hearing examiner within ~ seven (7) working ~ days from the time such taxpayer was sent written notice of such amount. Such notice shall also contain the taxholder's o ....n .....r~: ...... 4: .~,~ r~:~., tr-~ ..... ,~ o~x The determination appealed from shall be regarded as prima facie correct. The examiner may reverse or modify an action of the Treasurer and ascertain the correct amount of the fee or tax due if the Treasurer's determination violates the terms of this chapter or is contrary to law. Section 3. Amendment. Section 5.02.360 is hereby amended to read as follows: 5.02.360 REVOCATION OF BUSINESS LICENSE CONDITIONS. The Treasurer may revoke or suspend the business license issued to any person engaged in business activities within the City who is in default in any payment of any license fee or tax owed under Title 3 or 5 of the Bremerton Municipal Code; or who shall fail to comply with any of the provisions of this chapter; or where any licensee or employee of the licensee is engaged in any conduct which violates any state 2 or local laws or ordinances at the licensee's place of business, and of which the licensee has actual or constructive notice; or upon the recommendation of the county health department that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. In the event the Treasurer shall suspend or revoke the license, (s)he shall cause to be served upon the licensee an order by certified mail which states the reasons therefor and the licensee's appeal rights. Such revocation or suspension shall take effect ~ seven (7) working eateada~ days from the date of receipt of notice by certified mail from the Treasurer unless the licensee files a written appeal with the office of the hearing examiner before the effective date of the Treasurer's administrative decision of revocation or suspension. A licensee who has been licensed in the preceding license year may continue to engage in the activity for which the license is required, pending decision by the examiner, unless the Treasurer determines that a dear, substantial and imminent hazard to the health, safety, welfare, privacy or property of any person would result. The administrative decision appealed from shall be regarded as prima facie correct. The examiner may affirm or deny the Treasurer's decision to suspend or revoke a license. The decision of the examiner shall be final unless a ~et:t~zn fzr r~.~cnz"~erat:~n by the ~am:mer ~ ~ appeal of the decision is filed under BMC 2.62.045. Section 4. Amendment. Section 6.04.090 is hereby amended to read as follows: 6.04.090 APPEALS. Determinations made by the garbage contractor regarding the frequency of collection or the size of solid waste containers required of the public may be appealed to the C'.'~"s c,~.:_~.~ ~..~ ~: ^ .... ~. e..~. o~..~ ~.~, k ......... ,k~.:,.. + ..... ~..~ .~: .... ,,,~ ...... ~- ...... ~. .... .~ k.. ,k .... k ....., .... Hearing Examiner. Section 5. Amendment. Section 6.32.090 is hereby amended to read as follows: 6.32.090 RIGHT TO APPEAL. Any person aggrieved by an order, decision, ruling or interpretation by the administrator may file an appeal in writing with the office of the Bremerton Hearing Examiner pursuant to BMC ~ 2.62. Section 6. Amendment. Section 7.07.200 is hereby amended to read as follows: 7.07.200 HEARING. The custodian of a dog declared dangerous may file a request within ten (10) days from the date of such notice for a hearing before the hearing examiner of the City of Bremerton to contest such declaration under procedures of BMC g:84 2.62. Section 7. Amendment. Section 7.08.200 is hereby amended to read as follows: 7.08.200 ABATEMENT - IMPOUNDMENT. To abate a nuisance defined above, or to rescue an animal from cruel treatment as defined in BMC 7.08.600, an animal control officer may: (d) (2) If the custodian does not request the hearing provided for by 7.07.200 or if such hearing is requested and the Hearing Examiner upholds the Animal Control Officer's "dangerous dog" determination, said animal may be detained until the custodian shows proof that he/she has complied with requirements of this Chapter pertaining to the keeping of a dangerous dog. (i) If the custodian shows proof that he or she has met the requirements for keeping a dangerous dog in the City, the dog will be released upon payment of impound and boarding fees. (ii) If the custodian has not shown proof that hr or she has met the requirements for keeping a dangerous dog within ~ thirty (30) days of the Hearing Examiner's decision, the animal may be immediately destroyed. Section 8. Amendment. Section 10.11.050 is hereby amended to read as follows: 4 10.11.050 NUISANCE DECLARED - APPEAL. (a) In addition to the enforcement provisions of Section 10.11.040, if any person fails to respond to three or more outstanding infractions for parking a vehicle in violation of this Title, the City Attorney shall mail a Declaration of Vehicle Nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing informing them that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization unless, within ten (10) days, either owner (1) pays the underlying infractions or (2) appeals the Declaration of Vehicle Nuisance. (b) Appeal of the Declaration of Nuisance Vehicle may will be presented at a hearkug sci V-c~4e heard by the Hearing Examiner pursuant to BMC 2.62. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the Declaration. At the hearing, the owner shall have the burden of showing the registered owner did not fail to respond to three or more outstanding infractions for parking. Section 9. Amendment. Section 10.40.130 is hereby amended to read as follows: 10.40.130 APPEALS. (a) Hearing an Appeal. (1) Venue. The affected employer s?~..2 select to may appeal the initial order of the r r ....... j ........................ ~ ........ ......... m ra process set forth in BMC 10.40.130(a)($). Section 10. Amendment. Section 15.08.020 is hereby amended to read as follows: 5 15.08.020 APPEAL - MUNICIPAL COURT. Bremerton Municipal Court shall have jurisdiction to receive and rule on appeals from customers aggrieved by the Department's decision to shut off water, or any decision regarding the amount charged for water, sewer or stormwater services after a written complaint has been denied by the Department under section 15.08.010. The administrative appeal under this chapter shall be conducted according to procedures of municipal code chapter 2 62 prc;4ded *~'~ u~n.:_~ .u., ~.~ .~, ..,:.u:~ ,u:.,-,, r~n~ a ..... ~, ~a: .... ~ Section 11. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this ~ day of ~.~, 1996. PASSED by the City Council of the City of Bremerton this I_"~C_3 ~ day of ~ 1996. J? l.~q, Couti~c'~l~resident APPROVED this l~ dayof I~,9,-X~!~1996. ATFEST: KATHLEEN MCCLUSKE(~ty Clerk EFFECTIVE DATE ~--,~z~-q~, _ PUBLICATION DATE ~'--/£- ~ _ ORDINANCE NUMBER ~',5'.,-/7 _