HomeMy WebLinkAbout4526 ORDINANCE
AN ORDINANCE reorganizing the hearing examiner function as part of the
Bremerton Municipal Court and repealing Chapter 2.84 and amending
Chapters 2.62 and 9.08 of the Bremerton Municipal Code.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Repeal. Chapter 2.84, HEARING EXAMINER, of the Bremerton
Municipal Code is hereby repealed in its entirety.
Section 2. Amendment. Section 2.62.040of the Bremerton Municipal Code is hereby
amended to read as follows:
2.62.040 JUDGES PRO TEMPORE. SALARY COURT COMMISSIONERS
HEARING EXAMINER. The mayor shall, from attorneys qualified to hold the position
of judge of the municipal court, appoint judges pro tern~pore who shall act in the absence of
the regular judge of the court or in addition to the regular judge when the administration
of justice make it necessary. A judge pro tempore of Bremerton Municipal Court shall
receive a salary for each hour in which the judge pro tern serves at rate equivalent to the
hourly salary of the Bremerton Municipal Court Judge. The municipal court judge may
appoint one or more court commissioners under RCW 3.50.075.
To utilize the services of judicial officers of the court for the purpose of hearing
contested matters relating to the interest of the City and its citizens and the operation of
the various departments of the City, the office of hearing examiner is created in the
municipal court.
Section 3. New Section. A new section shall be added to the Bremerton Municipal
Code to read as follows:
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2.62.045 HEARING EXAMINER - PROCEDURE - APPEAL. Appeals to the
office of the hearing examiner from any administrative decision covered by the provisions
of this chapter shall be made within fourteen (14) calendar 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, and the decision
being appealed. 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. The hearing examiner's
decision shall 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.
Section 4. Amendment. Section 9.08.060 of the Bremerton Municipal Code is
hereby amended to read as follows:
9.08.050 IMPOUND HEARING.
(a) An administrative appeal for those impounds authorized by a law enforcement
officer shall be made to the office of the hearing examiner in the municipal court. The
notification provided in Section 9.08.040shall inform the legal and registered owner that a
hearing request may be directed to '~' ...... ;~;~ ..... '
............. v ....... , a City hearing examiner and shall
~;~'~ If +~'~ ight
............ a timely hearing request is not received "';'~';~ *~-~ *~ .4 ..... '-;~.4 the r
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to a hearing is waived and the registered and legal owners shall be liable for any towing,
storage, or other impoundment charges.
(~) If the impoundment is determined to be invalid, then the registered and legal
owners of the vehicle shall bear no impoundment, towing, or storage costs, and the filing fee
and any bond or other security shall be returned or discharged as appropriate, and the
person who authorized the impoundment shall be liable for any towing, storage, or other
impoundment charges permitted under this chapter.
(f) Decisions of the administrative hearing officer may be appealed to the Kitsap
County District Court for final judgment.
Section 5. Amendment. Section 15.08.020of the Bremerton Municipal Code is
hereby amended to read as follows:
15.08.020APPEAL - 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 u .......... ~'~ '~ ..... :- ;'~ '~: ..... ;^- may assign '~'~ appeal
The administrative appeal under this chapter shall be conducted according to
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procedures of municipal code chapter g:-84 2.62, provided the hearing shall be set within
thirty (30) days of filing and the filing fee shall be twenty-five dollars ($25.00) w~¢thcr hcard
Section 6. Amendment. BMC 5.02.360is amended to read as follows:
5.02.360REVOCATION 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 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 fourteen calendar 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. If a ....... : -v~-,,~ ....... ,
................................................ J ~ .... t-' ....... ~. A licensee who has been
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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 clear, 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 petition
for reconsideration by the examiner is accepted or appeal of the decision is
BMC 2.62.045.(0rd.4346 {}2 (in part), 1991; Ord. 4024 {}2, 1986; Ord. 3898 §36, 1984).
Section 7. Amendment. BMC 5.03.070 is amended to read as follows:
5.03.070APPEAL TO ~rTT~,TTr'm^T...,_....._... ,.~ .~._.,_,...r~'~m'r HEARING EXAMINER. Bremerton
Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals
from applicants aggrieved by the City Clerk's decision to revoke the regulatory license of
a business or person licensed above after a written complaint has been denied by the
The administrative appeal under this chapter shall be conducted
Section 6. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
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APPROVED by the City Council of the City of Bremerton this .j~__~ day
of~~.a~, 1995.
PASSED by the City Council of the City of Bremerton this Fag~ day of
x/)~' ~~C, 1995.
SHERRIL HUFF-MENEI~, Council President
APPROVED this \\ day of ~-J~~-- , 1995.
L~~N H O~TO~,~M~-~ yor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
EFFECTIVE DATE
PUBLICATION DATE
ORDINANCE NUMBER
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