The Maple Valley hearing examiner on Tuesday upheld the city’s stop work order citation to a medical marijuana business, but dismissed nine others due to ambiguity in their language and references to prior orders.
According to the decision released by Hearing Examiner Gary McLean, all but one of the citations issued against Green Society Group – which concerned the stop work order – “failed to to establish violations of the specific codes” dealing with a do not occupy notice. Those orders were dismissed without prejudice “to allow the city an opportunity to amend or re-issue citations” containing reference to the specific ordinance.
However, the McLean also ruled that there was enough evidence to uphold one of the initial orders deeming the business unsafe due to multiple tenant improvements to the property that were made without a permit, including some lighting that was installed and locks on doors that could potentially block exit from the building.
Concerning the stop work order that was upheld, McLean wrote, “The City of Maple Valley proved by the preponderance of the evidence that the specific violation…occurred at the property leased by the GSG appellants. In short, GSG had substantial tenant improvement construction work performed on its leased space without first obtaining any city permits.”
Five others citations McLean found “was not within the jurisdiction of the Examiner and could not be contested in the hearing…regarding other code enforcement citations challenged by the GSG appellants.” According to the decision, GSG did not file the appeal for those orders in a timely fashion, therefore the hearing examiner could not make a ruling.
