Chapter 2.58
HEARING EXAMINER
Sections:
2.58.060 Appointment and removal.
2.58.080 Rules and regulations.
2.58.100 Changes in legislation.
2.58.110 Limited jurisdiction.
2.58.120 Final decision conditions.
2.58.130 Final decision – Findings and conclusions.
2.58.140 Time limitation on decision.
2.58.160 Appeal of hearing examiner decision.
2.58.010 Established.
Effective February 2002, the position of city of Blaine hearing examiner is created. The position shall be appointed as provided for under RCW 35A.70.970 and 58.17.330 by the city council for a two-year term and may be removed at will by the city council. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.020 Blanket amendment.
All Blaine Municipal Code designations of “board of adjustment” or “board of appeals” or any variations therein shall be amended to read “hearing examiner.” (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.030 Purpose.
The purpose for creating a hearing examiner function is:
A. To provide an efficient and effective system for deciding appeals from administrative decisions and making decisions or recommendations on quasi-judicial land use permits;
B. To help insure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in the fields of land use and procedural requirements. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.040 Compensation.
The hearing examiner shall be compensated in accordance with the terms of a professional services agreement approved by the city manager. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.050 Qualifications.
The hearing examiner and his or her pro tempore shall be appointed solely with regard to their qualifications for the duties of their office, and shall have such training or experience as will qualify them to conduct administration of quasi-judicial hearings on the application of regulatory enactments and to discharge other functions conferred upon them, and shall hold no other appointed or elected public office or position in the city government, except as provided in this chapter. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.060 Appointment and removal.
The hearing examiner and one or more pro tem shall be appointed by a majority vote of the city council for a two-year period. The hearing examiner may be removed from office at any time by an affirmative vote of not less than two-thirds of city council members. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.070 Duties and powers.
A. The hearing examiner shall make a final decision upon the following matters:
1. Appeals from any final written orders, requirements, permits, decisions or determinations made by an administrative official in the administration of BMC Titles 8, 12, 13, 15, 16 and 17;
2. Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance;
3. Applications for zoning conditional use permits;
4. Applications for shoreline management substantial development permits;
5. Applications for shoreline management program conditional use permits;
6. Project permits that require a variance request;
7. Applications for short plat approval when a short plat variance is being requested;
8. Applications for zoning or shoreline variances which accompany any of the applications listed in this subsection.
B. The hearing examiner shall conduct an open record hearing and prepare a record thereof, and make recommendations to the city council for approval or disapproval of applications made for the project permits listed below:
1. Planned unit development permits;
2. Applications for preliminary long subdivision approval;
3. Applications for general binding site plan approval; and
4. An application for any of the project permits for which the hearing examiner would normally make a final decision as provided in subsection (A) of this section, when associated with a long subdivision or a planned unit development. The decision on these permit applications shall instead be in the form of a recommendation to be forwarded to the city council for final approval. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.080 Rules and regulations.
The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings before them, subject to approval by the city council, and also to issue summons for and compel the appearance of witnesses, to administer oaths and preserve order. The opportunity of cross-examination of witnesses shall be afforded all interested parties or their counsel in accordance with the rules of the hearing examiner. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.090 Department reports.
The hearing examiner may request reports from appropriate staff. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.100 Changes in legislation.
The hearing examiner may recommend changes in legislation to the community development department or city council. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.110 Limited jurisdiction.
The hearing examiner shall have no jurisdiction over any project that requires a legislative action, such as but not limited to regulatory amendments, regulatory map amendments, a comprehensive plan change, or a shoreline management program amendment. The approval or denial of such projects shall be solely within the discretion of the city council. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.120 Final decision conditions.
A. Appeals. The hearing examiner’s final decision on all appeals shall either grant or deny the appeal. The hearing examiner may grant the appeal subject to conditions, modifications or restrictions that the hearing examiner finds necessary to make the proposed project compatible with its environment, and to carry out the objectives and goals of the comprehensive plan, the land use code, and other applicable official policies and objectives of the city. Performance bonds or other security, acceptable to the city, may be required to ensure compliance with the conditions, modifications and restrictions.
B. Quasi-Judicial Decisions. Type II final decisions made by the hearing examiner shall be processed consistent with BMC 17.06.130. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.130 Final decision – Findings and conclusions.
Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.140 Time limitation on decision.
A. Appeals. Each final decision of the hearing examiner shall be rendered within 10 days following the conclusion of all testimony and hearings.
B. Quasi-Judicial Decisions. Type II final decisions made by the hearing examiner shall be processed consistent with BMC 17.06.130. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.150 Review limited.
No final decision of the hearing examiner shall be subject to administrative or quasi-judicial review, except as provided herein. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)
2.58.160 Appeal of hearing examiner decision.
The decision of the hearing examiner shall be final unless a timely judicial appeal is filed with the superior court of Whatcom County pursuant to BMC 17.06.190. (Ord. 2982 § 1 (Exh. A), 2022; Ord. 2970 § 1 (Exh. A), 2021; Ord. 2507 § 2, 2002)