A. The Community Development Director or designee shall have the power to investigate property conditions in the City and to enter upon premises, with consent of the occupant, for the purpose of making examinations when the Community Development Director or designee has reasonable grounds for believing a dwelling, building, structure, or premises are unfit for human habitation or for other use; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession. In the event that entry is denied or resisted, the Community Development Director or designee has the power to seek an order from a court of competent jurisdiction that authorizes entry, as provided in Revised Code of Washington 35.80.030(3).
B. Upon making a determination that a dwelling, building, structure, or premises is unfit, the Community Development Director or designee shall, as outlined in Revised Code of Washington 35.80.030(1)(c), serve the complaint and set a hearing to be held before the Community Development Director at a specified time and place, between ten (10) and thirty (30) days of service of the complaint. A copy of the complaint shall also be filed with the Pacific County auditor.
C. All persons having any interest in the subject property shall have the right to file an answer to the complaint and to appear in person or by representative and give testimony at the time and place fixed in the complaint. At the hearing, the Community Development Director shall have the authority to administer oaths and affirmations, examine witnesses, and receive evidence. The rules of evidence shall not apply in hearings before the Community Development Director.
D. In determining the fitness of a dwelling, building, structure, or premises, the Community Development Director shall reference title 5, 10, 11, or 12 of this Code, the Building Code, the Fire Code, or any other pertinent provisions, in accordance with Revised Code of Washington 35.80.030(1)(d) and (e). As set forth in Revised Code of Washington 35.80.030(1)(f), upon entering a finding that a dwelling, building, structure, or premises is unfit, the Community Development Director shall state in writing his or her findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, and shall post in a conspicuous place on the property, an order that: 1) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation; and/or 2) to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper; and/or 3) requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if such course of action is deemed proper.
E. If no appeal is filed pursuant to subsection F of this section, a copy of the Community Development Director's order shall be filed with the Pacific County auditor.
F. The Community Development Director's order may be appealed to the hearing examiner by filing a notice of appeal with the Community Development Director within thirty (30) calendar days from the date of service and posting as required in subsection D of this section.
G. All matters submitted to the hearing examiner must be resolved within sixty (60) days from the date of filing therewith, and a transcript of the hearing examiner's findings of fact shall be made available to the owner or other party in interest upon demand. The decision of the hearing examiner shall be served and posted in the same manner as the decision of the Community Development Director as set forth in subsection D of this section.
H. Any person affected by a final order issued by the hearing examiner to repair, alter, improve, vacate, close, remove, and/or demolish a dwelling, building, structure, or premises may petition to the Pacific County Superior Court as provided in Revised Code of Washington 35.80.030(2). (Ord. 943, 8-21-2017)