A. Notice of Due Process Hearing. The city, the applicable director, or a designee thereof shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different from the owner, not less than 48 hours’ notice of the city’s intent to hold a due process hearing at which the property owner and/or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. The property owner and the party responsible for the maintenance of the property shall be deemed served with notice three days after the same is sent to the property and to the address shown on the county tax roll as the owner of said property by certified U.S. mail.

B. Determination of Hearing Examiner. If, after the due process hearing, regardless of the attendance of the owner or the responsible party, the hearing examiner determines that the property contains graffiti viewable from a public or quasi-public place, the hearing examiner shall declare the same a nuisance and order the party to whom the notice was issued to abate it. The hearing examiner shall issue a decision and order, if necessary, containing the following: findings of fact; conclusions in support of the decision and order; type and method of abatement action required; the date by which said abatement must be completed; and civil penalties to be assessed by the city should appellant fail to comply with the order. Civil penalties shall range from $25.00 to $250.00 based on appellant’s appearance at the hearing, frequency of offense, cooperation with the city in efforts to abate the graffiti, progress in abating the graffiti, and other relevant factors. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be a violation for purposes of this chapter. The determination of the hearing examiner after the due process hearing shall be final, subject to appeal to the city council. Appeals to the city council must be filed with the city clerk in writing within 10 days of the hearing examiner’s decision. The hearing examiner’s decision shall be stayed pending resolution of the city council appeal.

C. Abatement. The city may, pursuant to Chapter 7.48 RCW, obtain a warrant of abatement to enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the court), or such other eradication thereof as the court determines appropriate, and shall provide the property owner, or building owners association, thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis including reasonable legal fees and costs. (Ord. 1210 § 1, 2011).