Chapter 19.06
CLOSED RECORD DECISIONS AND APPEALS
Sections:
19.06.010 Appeals of decisions.
19.06.020 Consolidated appeals.
19.06.030 Standing to initiate administrative appeal.
19.06.040 Closed record decisions and appeals.
19.06.050 Procedure for closed record decision or appeal.
19.06.010 Appeals of decisions.
Project permit applications shall be appealable as provided in the framework in Section 19.01.030. (Ord. 617B § 7 (part), 2012: Ord. 472 § 1 (part), 1996)
19.06.020 Consolidated appeals.
A. All appeals of project permit application decisions, other than an appeal of determination of significance (DS), to the extent the city determines it to be legally permissible, shall be considered together in a consolidated appeal.
B. Appeals of environmental determinations under SEPA, Chapter 4.02, shall proceed as provided in that chapter. (Ord. 617B § 7 (part), 2012: Ord. 472 § 1 (part), 1996)
19.06.030 Standing to initiate administrative appeal.
A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal (if an administrative appeal is permissible) of a Type I, II or III decision or a Type IV recommendation on a project permit application.
B. Definition. The term “parties of record” for the purposes of this chapter shall be as defined in Section 19.01.005. (Ord. 617B § 7 (part), 2012: Ord. 472 § 1 (part), 1996)
19.06.040 Closed record decisions and appeals.
In the event the city enacts any permit application process or procedure that provides or allows for closed record administrative appeals of the hearing body’s decision or recommendation, such project permit application shall be governed by the following:
A. Standing. Only penalties of record have standing to appeal the hearing body’s decision.
B. Time to File. An appeal of the hearing body’s decision must be filed within fourteen calendar days following issuance of the hearing body’s written decision. Appeals may be delivered to the director by mail, personal delivery or by fax before five p.m. on the last business day of the appeal period.
C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next city business day.
D. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, as set by city council resolution from time to time, and contain the following information:
1. Appellant’s name, address and phone number;
2. Appellant’s statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
5. The relief sought, including the specific nature and extent;
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
E. Effect. The timely filing of an appeal shall stay the effective date of the hearing body’s decision until such time as the appeal is adjudicated by the city council or withdrawn.
F. Notice of Appeal. The director shall provide public notice of the appeal as provided in Section 19.03.030(B)(2). (Ord. 617B § 7 (part), 2012: Ord. 472 § 1 (part), 1996)
19.06.050 Procedure for closed record decision or appeal.
A. The following subsections of this title shall apply to a closed record decision/appeal hearing:
Sections:
19.05.030;
19.05.040;
19.05.050;
19.05.060(A) through (D); and
19.05.070(A).
B. The closed record appeal/decision hearing shall be on the record before the hearing body, and no new evidence may be presented. (Ord. 617B § 7 (part), 2012: Ord. 472 § 1 (part), 1996)
19.06.060 Judicial appeals.
The city’s final decision, which may include decisions or recommendations of the city hearing examiner on an application, may be appealed by a party of record with standing to file a land use petition in Douglas County superior court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW as it now exists or as may be hereafter amended. (Ord. 617B § 7 (part), 2012: Ord. 472 § 1 (part), 1996)