Chapter 19.25
HEARING EXAMINER
Sections:
19.25.020 Hearing examiner – Office created – Duties.
19.25.030 Hearing examiner – Appointment.
19.25.040 Hearing examiner – Qualifications.
19.25.050 Hearing examiner – Removal.
19.25.060 Hearing examiner – Freedom from improper influence.
19.25.070 Hearing examiner – Conflict of interest.
19.25.080 Hearing examiner – Prescription of rules for hearings.
19.25.100 General criteria for examiner decisions.
19.25.120 Report to and meeting with planning commission and city council.
19.25.010 Purpose.
The purpose of this chapter is to establish a hearing examiner system to hear and decide applications for land use permits, including but not limited to applications for planned unit developments, special use permits, site-specific rezones, large binding site plans, preliminary plats, substantial development permits, appeals of administrative decisions and other matters as specifically assigned by the appropriate ordinances. [Ord. 19-14 § 1.02].
19.25.020 Hearing examiner – Office created – Duties.
Pursuant to Chapters 35A.63 and 58.17 RCW, the office of hearing examiner is created. The hearing examiner is to act on behalf of the city council by considering and applying zoning and regulatory ordinances to the land as provided herein. The hearing examiner shall also exercise administrative powers and such other quasi-judicial powers as may be granted by ordinance and code adoption. [Ord. 19-14 § 1.02].
19.25.030 Hearing examiner – Appointment.
The hearing examiner shall be appointed by the city manager, subject to confirmation by a majority vote of the city council, to serve for a term of two years. In the event of the absence or the inability of the hearing examiner to act on an application, a hearing examiner pro tem may be appointed by the city manager. [Ord. 19-14 § 1.02].
19.25.040 Hearing examiner – Qualifications.
The hearing examiner shall be appointed solely on the basis of qualifications for the duties of the office with special reference to training, actual experience in, and knowledge of administrative or quasi-judicial hearings on zoning, subdivision and other land use regulatory enactments as may be granted by ordinance or code adoption. Additionally, experience in the fields of urban planning, architecture, transportation, civil engineering, economic development, geology or law would be desirable. [Ord. 19-14 § 1.02].
19.25.050 Hearing examiner – Removal.
The hearing examiner may be removed from office at any time for just cause by a majority vote of the whole membership of the city council. [Ord. 19-14 § 1.02].
19.25.060 Hearing examiner – Freedom from improper influence.
No person shall attempt to influence a hearing examiner in any matter pending before him, except publicly at a public hearing duly called for such purpose, nor shall any person attempt to interfere with a hearing examiner in the performance of his duties in any other way. [Ord. 19-14 § 1.02].
19.25.070 Hearing examiner – Conflict of interest.
No hearing examiner shall conduct or participate in any hearing, decision or recommendation in which the hearing examiner has a direct or indirect substantial financial or familial interest, or concerning which the hearing examiner has had substantial prehearing contacts with proponents or opponents wherein the issues were discussed; nor, on appeal from or review of an examiner decision, shall any member of the legislative body who has such an interest or has had such contacts participate in the consideration thereof. In all quasi-judicial hearings, the hearing examiner and all members of the legislative body shall comply with the Appearance of Fairness Doctrine as currently codified in Chapter 42.36 RCW or as hereafter amended. [Ord. 19-14 § 1.02].
19.25.080 Hearing examiner – Prescription of rules for hearings.
The hearing examiner shall prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. Such rules may provide for cross-examination of witnesses. [Ord. 19-14 § 1.02].
19.25.090 Public hearings.
A. All official action of the hearing examiner shall be subject to applicable notices and shall be conducted at a public hearing at an open public meeting, pursuant to the rules and procedures established by the hearing examiner. Any interested person may appear and be heard subject to the rules and procedures adopted by the hearing examiner. The applicant, opponents, and proponents may submit written materials for consideration by the hearing examiner.
B. The hearing examiner may continue a hearing in the event the hearing examiner deems that a continuance is necessary.
C. Public hearings shall be scheduled to occur in the evening, following normal working hours, in order to make the hearings available to the public to attend. [Ord. 19-14 § 1.02].
19.25.100 General criteria for examiner decisions.
A. Each decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision.
B. The hearing examiner’s findings and conclusions shall indicate the manner in which the decision is intended to carry out and implement applicable state laws and regulations, as well as the regulations, policies, objectives and goals of the city’s comprehensive plan, zoning code, subdivision code, and other laws, policies and objectives of the city. [Ord. 19-14 § 1.02].
19.25.110 Examiner actions.
Within 10 working days of the conclusion of a hearing or rehearing, the hearing examiner shall render a written recommendation or decision. A copy thereof shall be transmitted to all persons of record pursuant to RMC 19.60.080. The hearing examiner’s decision may be to grant or deny the application or appeal, or the hearing examiner may grant the application or appeal with such conditions, modifications and restrictions as he finds necessary to make the application or appeal compatible with the environment, and carry out applicable state laws and regulations, and the regulations, policies, objectives and goals of the city’s comprehensive plan, zoning code, subdivision code, and other ordinances, policies and objectives of the city. [Ord. 19-14 § 1.02].
19.25.120 Report to and meeting with planning commission and city council.
The hearing examiner shall report in writing to and meet with the planning commission and city council at least annually for the purpose of reviewing the administration of the city’s land use policies and regulatory ordinances, and any amendments to city ordinances or other policies or procedures which would improve the performance of the hearing examiner process. Such report shall include a summary of the hearing examiner’s decisions since the last report. Such report shall also include a summary of the expenses incurred by the hearing examiner in the conduct of hearing quasi-judicial applications during the reporting period. [Ord. 19-14 § 1.02].
19.25.140 Severability.
The standards, criteria and process of this chapter shall be fully governed by the adopted ordinances that provide the authority to the hearing examiner. Any conflict of provisions shall require the stricter provision prevailing. [Ord. 19-14 § 1.02].