Chapter 17.20
LAND USE HEARINGS EXAMINER
Sections:
17.20.010 Creation of a land use hearings examiner.
17.20.020 Appointment and term.
17.20.040 Freedom from improper influence.
17.20.050 Conflict of interest.
17.20.070 Meetings – Frequency.
17.20.090 Powers of the examiner.
17.20.100 Applications for permits or approvals.
17.20.110 Report of city planning staff.
17.20.130 Examiner’s decision.
17.20.140 Notice of examiner’s decision.
17.20.150 Appeal from examiner’s decision.
17.20.010 Creation of a land use hearings examiner.
Pursuant to the RCW 35A.63.170 and 58.17.330, the office of land use hearings examiner, hereinafter referred to as “examiner,” is created. The examiner shall interpret, review and implement land use regulations as provided in this chapter or by other ordinances. Unless the context requires otherwise, the term “examiner,” as used in this chapter, shall include “examiner pro tem.” [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.020 Appointment and term.
The examiner shall be appointed by the mayor and shall serve at the mayor’s discretion. The mayor may also appoint, for terms and functions deemed appropriate, examiners pro tem to serve in the event of the examiner’s absence or inability to act. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.030 Qualifications.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have had such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in the government structure of the city. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.040 Freedom from improper influence.
No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before the examiner, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of the examiner’s duties in any other way; provided, that this section shall not prohibit the city attorney or county prosecuting attorney from rendering legal services to the examiner upon request. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.050 Conflict of interest.
No examiner shall conduct or participate in any hearing, decision or recommendation in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familial interest, or concerning which the examiner has had substantial pre-hearing contacts with proponents or opponents. No member of the city council who has such an interest or has had such contacts shall participate in the consideration of an appeal from or a review of an examiner’s decision. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.060 Organization.
The operation of the hearings examiner’s office shall be under the administrative supervision of the examiner and the office shall be separate and not a part of the city clerk-treasurer’s office or any other city department providing staff planning services. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.070 Meetings – Frequency.
Meetings of the hearings examiner shall convene when necessary to process a land use permit application. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.080 Rules.
The examiner shall have the power to prescribe rules not in conflict with this chapter for the scheduling and conduct of hearings and other procedural matters related to the duties of this office. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.090 Powers of the examiner.
A. The examiner shall receive and examine all available information, conduct public hearings and prepare a record thereof, and enter decisions as provided for in this chapter for the following matters:
1. Variances;
2. Conditional use permits;
3. Special use permits;
4. Similar use authority.
B. The decision of the hearings examiner shall be final unless such decision is appealed to the Cowlitz County superior court for writ of review, pursuant to CRMC 17.20.150. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.100 Applications for permits or approvals.
Applications for permits or approvals within the jurisdiction of the hearings examiner shall be presented to the city clerk-treasurer’s office. The clerk-treasurer shall accept such applications only if applicable filing requirements are met. The clerk-treasurer shall be responsible for assigning a date for and assuring due notice of public hearing for each application requiring a public hearing, which date and notice shall be in accordance with the statute or ordinance governing the application. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.110 Report of city planning staff.
The city planner shall coordinate and assemble the reviews of other city or county departments and governmental agencies having an interest in the subject application. The staff shall prepare a report summarizing the factors, findings and recommendations. At least five working days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon payment of reproduction costs. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.120 Public hearing.
When a public hearing is required by law, or when deemed necessary by the department, the examiner shall hold at least one public hearing on the application. Notice of the time and place of the public hearing shall be given as provided in this code for the particular permit or approval which forms the subject matter of the public hearing. At the commencement of the hearing the examiner shall give oral notice regarding the register provided for in CRMC 17.20.140. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.130 Examiner’s decision.
Within 10 working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include at least the following:
A. Findings based upon the records and conclusions therefrom which support the decision. Such findings and conclusions shall also set forth the manner by which the decision would carry out and conform to the city’s comprehensive plan, other official policies and objectives and land use regulatory enactments;
B. A decision on the application which may be to grant, deny or grant with such conditions, limitations, modifications and restrictions as the examiner finds necessary to make the application compatible with its environment, the comprehensive plan, other official policies and objectives, and land use regulatory enactments;
C. A statement that the decision will become final in 14 days unless appealed to the Cowlitz County superior court. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.140 Notice of examiner’s decision.
Not later than five working days following the rendering of a written decision, copies thereof shall be mailed to the applicant and to other parties of record in the case. “Parties of record” shall include the applicant and all other persons who specifically request notice of decision by signing a register provided for such purpose at the public hearing. The original decision shall be transmitted to the city clerk-treasurer’s office. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.20.150 Appeal from examiner’s decision.
A. Appeal. The applicant or any interested person may file an appeal on the decision of the examiner by making an application to the superior court, for a writ of review, within 14 days after the hearings examiner has rendered his/her decision.
B. Effect of Appeal on Application and Building Permit. Until a final determination of any review by the superior court is returned to the hearings examiner, all activities relating to the matter under appeal shall halt. No use, building or occupancy permits shall be issued until such determination is returned. Any permits issued must be in accordance with the decision of the court.
C. Revocation of Permit. Upon receiving written findings outlining violations of a permit as issued by the hearings examiner, the city clerk-treasurer shall notify the original applicant of the city council’s intention to hold a public hearing for the purpose of revoking the permit for violations of standards and conditions imposed. The applicant shall be given full opportunity to show just cause of any violations or show city error in violation determination.
D. Frequency of and Time Limitation on Resubmittal of Unamended, Rejected Applications. The original applicant can resubmit, for one time, the unamended application within one year after rejection by the hearings examiner for no additional fee. [Ord. 2018-02 § 2 (Exh. A), 2018].