Chapter 3.46
LID ASSESSMENT—APPEALS FROM HEARING EXAMINER DECISION

Sections:

3.46.010    Hearing examiner’s conduct of assessment roll hearing.

3.46.020    Appeals from a hearing examiner’s findings or recommendation.

3.46.010 Hearing examiner’s conduct of assessment roll hearing.

A.    Hearing Examiner Optional. In accordance with RCW 35.44.070, the council may designate a hearing examiner or other officer (a “hearing examiner”) to conduct the public hearing required for the final assessment roll for any local improvement district of the city. In the resolution setting the date, time and place for the public hearing, the council may establish guidelines for the hearing examiner, including a schedule for submitting his or her recommendations to the council and other matters as may be consistent with state law governing the confirmation of an assessment roll. The hearing examiner may establish procedures for conduct of the hearing consistent with state law and the Ocean Shores Municipal Code.

B.    Hearing Examiner’s Recommendations. If a hearing examiner conducts the assessment roll hearing, he or she will reduce his or her findings and recommendations to writing and file this written report with the city clerk within a period to be specified by the council. Within five business days of receiving such report, the city clerk will mail notice that the report has been filed to any person who filed a written protest at or prior to the public hearing on the assessment roll, in accordance with RCW 35.44.080. A copy of the hearing examiner’s report will be available to the public in the office of the city clerk.

C.    Council’s Consideration of Recommendations. Upon receipt of the hearing examiner’s report of his or her findings and recommendations, the city council will review the same. As soon as all timely appeals from the findings and recommendations have been decided or the time allowed for filing appeals has expired with no appeals having been filed, the city council may accept the assessment roll as prepared, or may correct, revise, raise, lower, change or modify the roll or any part thereof, or may set aside the roll and order the assessment to be made de novo, and, at the conclusion thereof, confirm the assessment roll by ordinance. If an appeal has been filed from the findings or recommendations of the hearing examiner, it shall be heard and determined and the results thereof incorporated into the assessment roll before it is confirmed.

(Ord. 882 § 1 (part), 2010)

3.46.020 Appeals from a hearing examiner’s findings or recommendation.

If the council designates a hearing examiner to conduct the public hearing on an assessment roll, the following procedures are established for an appeal to the city council by any person protesting a finding or recommendation made by the hearing examiner regarding the assessment roll:

A.    An appeal may be filed only by a party who timely submitted a written objection to the assessment roll at or prior to the assessment roll hearing. The notice of appeal shall state clearly (1) the number of the local improvement district, (2) the appellant’s name and address and of the appellant’s attorney or other agent, if any, (3) the recommendation being appealed, (4) the error of fact, law, or procedure alleged to have been made by the hearing examiner and the effect of the alleged error on the recommendation, and (5) state the redress sought by the appellant. The notice of appeal shall be filed with the city clerk, together with a fee of two hundred fifty dollars, no later than the tenth day after the day upon which the report of the hearing examiner is filed with the city clerk.

B.    Upon the filing of a notice of appeal, the city clerk will promptly notify the city attorney and furnish a copy of the notice to the city council and the hearing examiner. Within fifteen days following the filing of a notice of appeal, the city council will set a time and place for a hearing on the appeal before the city council, provided the time shall be as soon as practicable in order to avoid accumulating additional interest on the obligations of the local improvement district. The city clerk shall promptly mail notice to the appellant of the time and place for the hearing on the appeal.

C.    Review by the city council on appeal shall be limited to and shall be based solely on the record from the public hearing; provided, however, that the city council may permit oral or written arguments or comments when confined to the content of the record of the hearing below. No new evidence may be presented. Written arguments will not be considered unless filed with the city council at least one day prior to the hearing on appeal, and the city council may determine the appeal on the record, with or without written argument.

D.    In respect to the matter appealed, the city council may adopt or reject, in whole or in part, the findings and recommendations of the hearing examiner or officer or make such other disposition of the matter as is authorized by RCW 35.44.100 and subsection (C) of this section. The city council will reduce its determination to writing, file the original in the record of the local improvement district, and transmit a copy of the same to the appellant. In accordance with Section 3.46.010(C), no ordinance confirming an assessment roll may be enacted by the council until all appeals to the council are decided.

E.    Any appeal from a decision of the city council regarding any assessment may be made to the superior court within the time and in the manner provided by law.

(Ord. 882 § 1 (part), 2010)