Chapter 6.20
NONJUDICIAL APPEALS
Sections:
6.20.060 Administrative appeal procedures.
6.20.010 Purpose – Authority.
A. The purpose of this chapter is to create uniform requirements and rules for nonjudicial appeals of administrative decisions and/or for civil infractions and orders issued under this title.
B. The hearing examiner has the authority to hear and decide appeals of administrative decisions and/or civil violations and orders charging any violation of this title and shall do so in accordance with the requirements of this chapter. (Ord. 2007-660 § 1)
6.20.020 Who may appeal.
Only parties of record may initiate an appeal. For purposes of this chapter, “parties of record” means anyone who has received an appealable decision under this title. (Ord. 2007-660 § 1)
6.20.030 When to appeal.
An appeal shall be filed within 15 calendar days of the date of the appealable decision. A timely appeal is a jurisdictional requirement for the hearing examiner to hear and decide an appeal under this title. (Ord. 2007-660 § 1)
6.20.040 Where to appeal.
Every appeal authorized by this title shall be filed in the office of the city clerk by 4:30 p.m. of the last day of the appeal period. “Filed” means that one original and one copy of the appeal has been received and date stamped by the city clerk. (Ord. 2007-660 § 1)
6.20.050 Contents of appeal.
Every appeal filed under this chapter shall contain the following:
A. The name and address of the appellant.
B. A complete copy of the decision being appealed.
C. The name of the person or body to whom the appeal is directed.
D. A concise statement of the appellant’s interest and standing in the appeal.
E. A concise explanation describing the specific reasons why the appellant believes the decision to be wrong.
F. The desired outcome of the appeal.
G. An appeal fee as specified in Chapter 3.42 MCMC. (Ord. 2007-660 § 1)
6.20.060 Administrative appeal procedures.
A. The city clerk shall notify the city manager, city attorney, the police chief, the hearing examiner, and other appropriate personnel of the filing of every appeal (whether or not timely filed).
B. The city clerk shall ensure that the record of the decision being appealed is transmitted to the hearing examiner for review. The record of the decision shall be indexed by the city clerk and, except for privileged or otherwise confidential material which shall be withheld by the city clerk upon consultation with the city attorney, shall include all of the following as applicable to the matter being appealed:
1. The department’s administrative file regarding the matter;
2. All other documents or tangible items upon which the decision appealed from was based; and
3. The notice of appeal.
C. The appellant and any party of record may obtain a copy of the record of decision from the clerk by paying the city’s cost to produce the record.
D. The hearing examiner shall schedule further action on the appeal as necessary and appropriate to hear and resolve the appeal, including without limitation briefing by the staff and/or parties, and the hearing dates. The argument or hearing date shall be held within 30 days of the date the appeal is filed unless the parties mutually agree to a later date. Written notice of the time and place of hearing shall be given at least 10 days prior to the date of the hearing to each appellant.
E. The hearing examiner shall have the power to prescribe rules and regulations for the appeal hearing. The city shall bear the burden of persuasion at the appeal hearing.
F. Following the appeal hearing and upon the conclusion of deliberations, the hearing examiner shall render a final written decision within 10 business days from the close of the hearing. Copies of the decision shall be made available to the city and the appellant.
G. Enforcement of any notice and order of the animal control authority issued under this title shall be stayed during the pendency of an appeal. (Ord. 2007-660 § 1)
6.20.070 Judicial appeals.
The hearing examiner’s final decision may be appealed by the city or appellant by filing a petition in Snohomish County superior court. Such petition must be filed within 21 calendar days of issuance of the decision. The cost of transcribing the record of proceedings, of copying photographs, videotapes, and oversized documents, and of staff time spent copying and assembling the record and preparing the return for filing with the court shall be borne by the appellant. (Ord. 2007-660 § 1)