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 KMC 14.09.030(1) and 14.09.040(1) and (2), 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 KMC 14.11.030. There are no appeals of administrative decisions issued pursuant to KMC 14.09.030(2) through (8). (Ord. 06-018 § 1).
14.11.020 Appeal of hearing examiner decisions.
Appeals of hearing examiner’s decisions shall be made to the Kittitas County superior court pursuant to KMC 14.11.040. (Ord. 06-026 § 1; Ord. 06-018 § 1).
14.11.030 Administrative appeals.
(1) Filing. Every administrative appeal 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 on a holiday, the following working day shall be the tenth day.
(2) Contents. The notice of appeal shall contain a concise statement identifying:
(a) The decision being appealed;
(b) The name and address of the appellant and his/her interest(s) in the matter;
(c) 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;
(d) The specific desired outcome or changes to the decision;
(e) The appeal fee.
(3) Process. Upon receipt of a notice of appeal containing all information required in subsection (2) 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.
(4) 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 (4)(c) of this section. Closed record appeal hearings may be continued as determined necessary by the hearing body. The parties to the appeal may submit timely written statements or arguments.
(a) A decision following a closed record appeal hearing shall include one of the following actions:
(i) Grant the appeal in whole or in part.
(ii) Deny the appeal in whole or in part.
(iii) Remand for further proceedings and/or evidentiary hearing.
(b) 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 items or issues to be considered and the time frame for completing the additional work shall be specified.
(c) 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:
(i) The proper constitution of or disqualification grounds pertaining to the decision maker.
(ii) The use of unlawful procedure.
(5) The burden of proof in an administrative appeal is on the appellant.
(6) SEPA Appeals. In addition to the items listed above, Chapter 18.04 KMC shall be complied with when filing administrative appeals of SEPA decisions or determinations. (Ord. 06-025 § 1; Ord. 06-018 § 1).
14.11.040 Judicial appeals.
Appeals from the final decision of the city council or hearing examiner involving KMC Titles 14, 15, 16, 17 or 18, and for which all other appeals specifically authorized have been timely exhausted shall be made to Kittitas County superior court within 21 days of the date the decision or action became final. Such appeal shall be filed according to the procedural standards outlined in Chapter 36.70C RCW, Judicial Review of Land Use Decisions. (Ord. 06-018 § 1).
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 city council, 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. 06-018 § 1).