(A) Whenever the city, by and through its authorized representatives, shall determine that any owner, agent, occupant, tenant or person in possession, charge or control of any lot or ground, or any part of any lot or ground located within the city’s zoning jurisdiction is in violation of the provisions of this article, the city shall provide notice to such person(s) of the city’s determination and issue an “Official Notice” mandating such person to abate and/or remove such nuisance. Such notice shall be delivered personally or by mailing such notice by first-class mail, postage prepaid, directed to the property owner of record, and by posting notice of the violation in a conspicuous place on or about the property. A person receiving such notice may, within five business days after its receipt, request an impartial hearing with the City Administrator and/or his/her designee.
(B) To request an impartial hearing, the “applicant” must:
(1) Complete, sign, and date the Applicant Statement on the front side of the Official Notice; and
(2) Return to the City Clerk’s office, within five business days, the completed applicant statement, the white copy of the Official Notice, together with a check in the amount of $35.00 made payable to the City of Bellevue.
(3) When completing the Applicant Statement on the front side of the Official Notice, the applicant must briefly state the reason(s) for requesting the hearing and precisely explain the relief requested.
(C) Upon timely receiving the completed Applicant Statement on the front side of the Official Notice, together with all other required items, the City Clerk will contact the applicant in writing to inform the applicant of the date, time and place of the hearing. The City Clerk will notify the applicant per the requested contact method on the Official Notice which the applicant selects. The City Clerk shall also notify the Bellevue Code Enforcement Office and the City Administrator of the requested hearing.
(D) To exercise the opportunity to be heard, the applicant must attend the hearing and explain to the City Administrator and/or his/her designee why the applicant should not be found in violation of the Bellevue City Code section(s) referenced on the front side of the Official Notice. The hearing before the City Administrator and/or his/her designee will not be transcribed or recorded by the City Administrator and/or his/her designee.
(E) If a person receiving such Official Notice fails to timely request a hearing or fails to appear at a hearing scheduled pursuant to a timely request, then it shall be conclusively presumed that such person is in violation of the provisions of this article as set forth in such notice. Additionally, if the applicant fails to successfully challenge the violation(s) set forth on the front side of the Official Notice at a hearing attended, then it shall be conclusively presumed that the applicant is in violation of the Bellevue City Code violation(s) on the Official Notice.
(F) If the City Administrator and/or his/her designee finds that the applicant is not in violation of the City Code, he/she shall inform the applicant, the City Clerk and Bellevue Code Enforcement of the same in writing within thirty (30) days of said hearing.
(G) If the City Administrator and/or his/her designee finds that the applicant is in violation of the City Code, he/she shall inform the applicant, the City Clerk, and Bellevue Code Enforcement of the same in writing within thirty (30) days of said hearing.
(1) If the applicant does not successfully challenge the violation(s) after the hearing before the City Administrator and/or his/her designee, the applicant shall abate and/or remove such nuisance within seven (7) business days after the receipt of said notice from the City Administrator and/or his/her designee.
(2) If the applicant fails to attend the requested hearing before the City Administrator and/or his/her designee, the applicant shall abate and/or remove such nuisance as originally stated in the Official Notice and said timelines presented therein.
(H) If the applicant fails or refuses to comply with these provisions and fails to abate and/or remove such nuisance in a timely manner, the city may cause the abatement and/or removal of such nuisance as further provided in this article. The owner, agent, occupant, tenant or person in possession, charge or control of such lot or ground shall reimburse the city for its reasonable costs incurred in abating and/or removing the same, including, but not limited to, labor, equipment, and disposal costs.
(Ord. 3193, § 1, passed 2-25-2002; Ord. 3214, § 3, passed 5-28-2002; Ord. 3387, § 1(19-42), passed 10-24-2005; Ord. 3949, § 1, passed 6-18-2019; Ord. 4130, 4, passed 10-3-2023)