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22.10.030 Initiation of Appeal.

(Amended by Ordinance No. 187151, effective September 1, 2015.)

A.  Unless otherwise specified in this Code, a request for an appeal hearing shall be filed within 10 business days after the date of the decision or determination.  The Code Hearings Officer may waive this requirement for good cause shown.

B.  The request for an appeal hearing shall be filed directly with the Code Hearings Office. The request shall be in writing and shall contain:

1.  a completed appeal form the Code Hearings Officer shall create by rule;

2.  a copy of the decision or determination appealed from and a statement of grounds upon which it is contended that the decision or determination is invalid, unauthorized, or otherwise improper; and

3.  any other information as the Code Hearings Officer may by rule require. 

C.  By presenting to the Code Hearings Officer an appeal or other paper – whether by signing, filing, submitting or later advocating it – a person or party certifies that to the best of the person’s or party’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

1.  the appeal or paper is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase costs;

2.  the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

3.  the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

4.  the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or lack of information.

D.  The Code Hearings Officer shall adopt by rule no more than a nominal filing fee for an appeal hearing. Except for Section 24.55.200 of Code, this fee supersedes and replaces all other fee schedules to bring an appeal before the Code Hearings Officer provided for elsewhere in this Code or administrative rule. Filing fees are nonrefundable, and are paid directly to the Code Hearings Office.

1.  The Code Hearings Officer may waive the filing fee if the party seeking the waiver demonstrates an inability to pay due to financial hardship.  The Code Hearings Officer shall adopt rules to implement the fee waiver application procedure.