Chapter 14.11
APPEALS
Sections:
14.11.010 Appeal of administrative interpretations and decisions.
14.11.020 Appeal of hearing examiner decisions.
14.11.030 Administrative appeals.
14.11.050 Transcription costs and record preparation.
14.11.010 Appeal of administrative interpretations and decisions.
Administrative interpretations and administrative decisions pursuant to CMC 14.09.030 (A) and 14.09.040(A) and (B), including appeals of administrative decisions or determinations made pursuant to Chapter 43.21C RCW, may be appealed, by applicants or parties of record, to the hearing examiner as provided for in CMC 14.11.030. There are no appeals of administrative decisions issued pursuant to CMC 14.09.030(B) through (H). (Ord. 973 § 1, 2000).
14.11.020 Appeal of hearing examiner decisions.
A. Appeals of a rezone not of general applicability (site-specific) shall be made to the city council for review at a closed record appeal as provided for in CMC 14.11.030. All other decisions of the hearing examiner may be appealed, by applicants or parties of record from the hearing examiner public hearing, to the Chelan County superior court as provided for in CMC 14.11.040; provided, however, that no final decision of the hearing examiner may be appealed to Chelan County superior court unless such party has first brought a timely motion for reconsideration of the hearing examiner’s decision pursuant to CMC 14.11.060, and has paid the additional fee for the motion for reconsideration at the time of filing.
B. All decisions issued by the hearing examiner except appeals of a rezone not of general applicability (site-specific) shall contain the following notice of appeal rights:
Applicants or parties of record may appeal this decision as provided for in CMC 14.11.040, provided, however, that no such appeal may be filed unless such party has first brought a timely motion for reconsideration of this decision pursuant to CMC 14.11.060.
C. Appeal fees for appeal to the hearing examiner or appeals of a hearing examiner’s decision to superior court shall be paid at the time of filing of the appeal and such fees shall be established and modified from time to time, by separate resolution of the Cashmere city council. Any such resolution may include, in addition to the appeal fee, the cost to the city of the hearing examiner’s services related to the appeal and any motion for reconsideration thereof. (Ord. 1181 § 1, 2011; Ord. 1176 § 2, 2010; Ord. 1165 § 1, 2010; Ord. 973 § 1, 2000).
14.11.030 Administrative appeals.
A. Filing. Every appeal to the hearing examiner shall be filed with the city within 10 days after the date of the decision of the matter being appealed. If the 10-day period ends on a weekend or a holiday, the following working day shall be the tenth day. Every appeal to the hearing examiner shall be accompanied by the applicable appeal fee established by resolution of the Cashmere city council. Failure to pay the appeal fee within said 10-day period shall subject the appeal to summary dismissal by the hearing examiner.
B. Contents. The notice of appeal shall contain a concise statement including the following information:
1. The decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the matter;
3. The specific reasons why the appellant believes the decision to be wrong, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision was wrong;
4. The specific desired outcome or changes to the decision;
5. The applicable appeal fee;
6. The notice of appeal shall include a copy of the receipt evidencing payment of the applicable appeal fee.
C. Process. Upon receipt of a notice of appeal containing all information required in subsection B of this section, the city shall schedule with the applicable hearing body either an open record hearing or a closed record appeal hearing if an open record hearing has already been held on an application.
D. Closed record appeals shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to provide argument and guidance for the body’s decision. Closed record appeals shall be conducted generally as provided for public hearings, except that no new evidence or testimony shall be given or received except as provided in subsection (D)(3) of this section. The parties to the appeal may submit timely written statements or arguments.
1. A decision following a closed record appeal hearing shall include one of the following actions:
a. Grant the appeal in whole or in part;
b. Deny the appeal in whole or in part;
c. Remand for further proceedings and/or evidentiary hearing in accordance with subsections (D)(2) and (3) of this section.
2. In the event the hearing body determines that the public hearing record or record on appeal is insufficient or otherwise flawed, it may remand the matter back to the hearing body to correct the deficiencies. The remand shall specify the items or issues to be considered and the time frame for completing the work shall be specified.
3. The hearing body may receive new evidence in addition to that contained in the record on appeal only if it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:
a. The proper constitution of or disqualification grounds pertaining to the decision maker;
b. The use of unlawful procedure.
E. SEPA Appeals. In addition to the items listed above, CMC 18.04.210 shall be complied with when filing administrative appeals of SEPA decisions or determinations. (Ord. 1183 § 1, 2011; Ord. 1181 § 2, 2011; Ord. 1176 § 2, 2010; Ord. 1165 § 2, 2010; Ord. 973 § 1, 2000).
14.11.040 Judicial appeals.
Appeals from the final decision of the city council or hearing examiner involving CMC Titles 14, 15, 16, 17 or 18, and for which all other appeals specifically authorized have been timely exhausted, including the provisions of CMC 14.11.060, shall be made to Chelan County superior court and served on all necessary parties within 21 days of the date the decision or action became final, unless another time period is established by state law or local ordinance.
Notice of the appeal and any other pleadings required to be filed with the court shall be served on the city administrator and city attorney within the applicable time period. This requirement is jurisdictional. (Ord. 973 § 1, 2000).
14.11.050 Transcription costs and record preparation.
The cost of transcribing and preparing all records ordered certified by the court, required at the discretion of the hearing examiner or required at the discretion of the city attorney, shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. The city clerk shall ascertain the approximate charge of the transcription. Any overage will be promptly returned to the appellant. Any undercharges shall be promptly paid by the appellant. (Ord. 973 § 1, 2000).
14.11.060 Reconsideration.
An applicant or party of record to a hearing examiner’s public hearing may seek reconsideration only of a final decision by filing a written request for reconsideration with the administrator within 10 days of the final decision. The request shall comply with CMC 14.11.030(B). The hearing examiner shall, within 30 days of receipt of the request for reconsideration, consider the request at a public meeting, without public comment or argument by the party filing the request. If the request is denied, the previous action shall become final. If the request is granted, the hearing examiner may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals. Reconsideration will be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 973 § 1, 2000).