Chapter 18.24
CLOSED RECORD DECISIONS AND APPEALS
Sections:
18.24.010 Appeals of administrative decisions.
18.24.020 Consolidated appeals.
18.24.030 Standing to initiate administrative appeal.
18.24.040 Closed record decisions and appeals.
18.24.010 Appeals of administrative decisions.
Project permit applications shall be appealable as provided in Table A, Permit Procedure Types I—III, set out at the end of Chapter 18.04 of this title. (Ord. 98-568 § 6.1, 1998)
18.24.020 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 the SEPA, 18.00, shall proceed as provided in the city’s SEPA policies and state law.
(Ord. 98-568 § 6.2, 1998)
18.24.030 Standing to initiate administrative appeal.
A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a decision on a project permit application.
B. Definition. The term “parties of record” for the purposes of this chapter, shall mean:
1. The applicant;
2. Any person who testified at the open record public hearing on the application;
3. Any person who submitted written comments concerning the application at the open record public hearing;
4. Any person who registers in writing at the open record public hearing or with the administrator their desire to be notified of any action on an application.
(Ord. 98-568 § 6.3, 1998)
18.24.040 Closed record decisions and appeals.
A. Type I Permit Decisions or Recommendation. Appeals of the administrator’s decision or recommendation on a Type I project permit application shall be governed by the following:
1. Standing. Only parties of record have standing to appeal the hearing body’s decision. Parties of record shall be as defined in Section 18.24.030 of this chapter.
2. Time to File. An appeal of the hearing body’s decision must be filed within twenty-one (21) calendar days following issuance of the administrator’s written decision. Appeals may be delivered to the city clerk’s office by mail, personal delivery, or by fax before five p.m. on the last business day of the appeal period.
3. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day.
4. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:
a. Appellant’s name, address and phone number;
b. Appellant’s statement describing his or her standing to appeal;
c. Identification of the application which is the subject of the appeal;
d. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
e. The relief sought, including the specific nature and extent; and
f. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
5. Effect. The timely filing of an appeal shall stay the effective date of the hearing body’s decision until such time as the appeal is adjudicated by the council or is withdrawn.
6. Notice of Appeal. The administrator shall provide public notice of the appeal to the appellant and to other parties of record.
(Ord. 98-568 § 6.4, 1998)
18.24.050 Judicial appeals.
A. Type II and III Permit Decisions. Appeals of Type II and III permit applications may be made by any party of record with standing to file a land use petition to Okanogan County superior court. Such petition must be filed within twenty-one (21) days of issuance of the decision as provided in RCW 36.70C.
(Ord. 98-568 § 6.5, 1998)