Chapter 14.06
APPEALS
Sections:
14.06.010 Appeal of administrative interpretations and approval.
14.06.020 Appeals – Time for filing.
14.06.010 Appeal of administrative interpretations and approval.
Administrative interpretations and administrative approvals may be appealed, by applicants or parties of record, to the Hearing Examiner. (Ord. C-661 § 37, 2007)
14.06.020 Appeals – Time for filing.
Every appeal authorized by this title shall be filed with the Director or his/her designee 14 days after the date of the recommendation or decision of the matter being appealed, except a judicial appeal. (Ord. C-661 § 38, 2007)
14.06.030 Appeals – Contents.
A. Contents. The notice of appeal shall contain:
1. The decision being appealed;
2. The name, address, signature of the appellant, and a statement regarding the legal standing of the appellant;
3. The specific reasons why the appellant believes the decision to be wrong as a matter of fact or law; and
4. The desired outcome or changes to the decision.
B. The City shall require an appeal fee as set forth by resolution adopted by the City Council. (Ord. C-661 § 39, 2007)
14.06.040 Appeals – Cost.
The cost for transcribing and preparing the record, if desired by the appellant, shall be borne by the appellant. The appellant shall post with the Clerk-Treasurer prior to the preparation of the record an advance fee deposit in the amount specified by the Clerk-Treasurer. Any overage will be promptly returned to the appellant and any deficiency will be paid as a condition of delivery of the record if the deposit is insufficient to cover the cost. (Ord. C-661 § 40, 2007)
14.06.050 Appeal – Standing.
Standing to appeal a decision is limited to the following:
A. The applicant or owner to which the permit decision is directed.
B. A person aggrieved or adversely affected by the permit decision, or who would be aggrieved or adversely affected by a reversal or modification of the permit decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:
1. The permit decision has prejudiced or is likely to prejudice that person;
2. That person’s asserted interests are among those that the decision maker was required to consider when the permit decision was made;
3. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the permit decision;
4. The petitioner has exhausted their administrative remedies to the extent required by law. (Ord. C-661 § 41, 2007)
14.06.060 Judicial appeal.
A. Appeals from the final decision of the City Council, Hearing Examiner or City staff, involving AHMC Titles 14 through 18, shall be served in the manner provided by law and filed with Spokane County Superior Court within 21 days of the issuance of the decision as provided under the Washington Land Use Petition Act, Chapter 36.70C RCW.
B. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the Clerk-Treasurer prior to the preparation of any records an advance fee deposit in the amount specified by the Clerk-Treasurer. Any overage will be promptly returned to the appellant and any deficiency will be paid as a condition of delivery of the record if the deposit is insufficient to cover the cost. (Ord. C-661 § 42, 2007)