Chapter 18.112 APPEALS

Chapter 18.112
APPEALS

Sections:

18.112.010 General conduct of hearing appeals.

18.112.020 Appeals of administrator actions.

18.112.030 Appeals of the board of adjustment actions.

18.112.040 Appeal of planning commission actions.

18.112.050 Appeal of city council decisions.

18.112.060 Consolidated appeals.

18.112.010 General conduct of hearing appeals.

A. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

B. Effect of Failure to Appeal. Failure to file a valid appeal in accordance with the provisions of this chapter and/or pay the appeal costs shall constitute a waiver of the right to an administrative hearing and adjudication of the matter.

C. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

D. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

E. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

F. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

G. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

H. Rights of Parties. Each party shall have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing; and

2. To introduce documentary and physical evidence; and

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; and

4. To impeach any witness regardless of which party first called the witness to testify; and

5. To rebut the evidence; and

6. To be represented by anyone who is lawfully permitted to do so.

I. Costs. The appellant(s) shall pay the actual costs of publication and mailing associated with the appeal prior to the hearing. (Ord. 889 § 19, 2000)

18.112.020 Appeals of administrator actions.

A. The hearing body(s) for any action of the permit administrator are specified to the type of permit and/or applicable municipal code sections that are being contested. The hearing bodies are as follows:

1. Chapter 12.32 OMC access to state highways appeal issues shall be heard by the city council.

2. Chapter 15.28 OMC flood damage prevention appeal issues shall be heard by the city council.

3. Chapter 16.12 OMC shoreline master program appeal issues shall be heard by the city council.

4. OMC Title 17 appeal issues shall be heard by the planning commission.

5. OMC Title 18 appeal issues shall be heard by the board of adjustment.

B. Decisions of the administrator may be appealed to the body(s) specified in subsection A of this section. Such appeals must be filed in the office of the city clerk/treasurer in writing within 10 days for the action in question, and shall contain the following:

1. A heading in the words, “Before the _________ (state the specific body(s) to hear the appeal) of the City of Okanogan, Washington”;

2. A caption reading, “Appeal of _____” giving the names of all appellants participating in the appeal;

3. A brief statement setting forth the legal interest of each of the appellants in the land involved in the action;

4. A brief statement in ordinary and concise language indicating the specific action protested, together with any material facts claimed to support the contentions of the appellant;

5. A brief statement in ordinary and concise language indicating the relief sought, the basis of the appeal and the section(s) of this title which support(s) the appeal argument;

6. The signatures of all parties named as appellants and their official mailing addresses;

7. A declaration under penalty of perjury in accordance with the laws of the state of Washington of at least one of the appellants as to the truth of the matters stated in the appeal.

C. A public hearing shall be held for such appeals and the same hearing procedures for an open record predecision hearing shall be used as described in Chapter 18.100 OMC to conduct the hearing,

D. Public notice for the appeal hearing shall consist of mailing of notice to all parties of record at least 10 days prior to the hearing and a newspaper publication in the city’s official newspaper at least 10 days prior to the hearing. The notices shall include the action of the administrator being appealed, the relevant sections of this title, and the date and time of the hearing. (Ord. 889 § 19, 2000)

18.112.030 Appeals of the board of adjustment actions.

Board of adjustment decisions are final. The board of adjustment’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Okanogan County superior court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW, as it now exists or as may be hereafter amended. (Ord. 889 § 19, 2000)

18.112.040 Appeal of planning commission actions.

Decisions of the planning commission are recommendations and are not appealable.

A. Decisions of the planning commission other than those that are on appeals of the administrator pertaining to OMC Title 17 issues are recommendations and are not appealable.

B. Decisions of the planning commission on appeal of the administrator pertaining to OMC Title 17 issues may be appealed to the city council by a party of record. Such appeals must be filed in the office of the city clerk/treasurer in writing within 10 days of issuance of said decision, and shall contain the following:

1. A heading in the words, “Before the City Council of the City of Okanogan, Washington”;

2. A caption reading, “Appeal of _____” giving the names of all appellants participating in the appeal;

3. A brief statement setting forth the legal interest of each of the appellants in the land involved in the action;

4. A brief statement setting forth the basis of merit of each of the appellants in establishing the status of a party of record;

5. A brief statement in ordinary and concise language indicating the specific action protested, together with any material facts of the record claimed to support the contentions of the appellant;

6. A brief statement in ordinary and concise language indicating the relief sought, the basis of the appeal and the specific items of record where the planning commission failed to take notice and/or arrive at a reasonable conclusion to support the appeal argument;

7. The signatures of all parties named as appellants and their official mailing addresses;

8. A declaration under penalty of perjury in accordance with the laws of the state of Washington of at least one of the appellants as to the truth of the matters stated in the appeal.

C. A public record hearing shall be held for such appeals and the same hearing procedures for an closed record predecision hearing shall be used as described in Chapter 18.100 OMC to conduct the hearing.

18.112.050 Appeal of city council decisions.

City council decisions are final. The city council’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Okanogan County superior court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW, as it now exists or as may be hereafter amended. (Ord. 889 § 19, 2000)

18.112.060 Consolidated appeals.

A. All appeals of project permit application decisions, other than an appeal of determination of significance (“DS”), shall be considered together in a consolidated appeal.

B. Appeals of environmental determinations under SEPA, Chapter 16.08 OMC, shall proceed as provided in that chapter. (Ord. 889 § 19, 2000)