Chapter 14.10
APPEALS
Sections:
14.10.020 Administrative appeals.
14.10.010 Appeals.
A. An administrative appeal of a decision of the city after full administrative review shall be timely filed with the city by the applicant or any party of record. The administrative appeal shall be heard as an open record appeal by the hearing examiner at a public hearing.
B. There shall be no administrative appeal of a decision of the hearing examiner (quasi-judicial review). An appeal of a hearing examiner decision shall be timely filed as a judicial appeal in the superior court, by the applicant or any party of record.
C. There shall be no administrative appeal of limited administrative review actions. An appeal of these decisions shall be timely filed as a judicial appeal as set forth in RIMC 14.10.030.
D. An appeal of a final legislative decision of the city council after legislative review shall be timely filed as a judicial appeal.
E. The city shall have no obligation to the applicant or any party to defend an appeal from a decision of the city, hearing examiner or the city council. (Ord. 99-026 § 1).
14.10.020 Administrative appeals.
A. An administrative appeal shall be filed with the city within 14 calendar days of the issuance of the decision appealed, together with the applicable appeal fee. An administrative appeal shall be held before the hearing examiner.
B. The notice of appeal shall contain a concise statement identifying:
1. The decision being appealed.
2. The name and address of the appellant and his/her interest(s) in the application or proposed development.
3. The specific reasons why the appellant believes the decision to be erroneous, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall have the burden of proving the decision is erroneous.
4. The specific relief sought by the appellant.
5. The appeal fee. (Ord. 99-026 § 1).
14.10.030 Judicial appeals.
A. Appeals of an action of the city with respect to an application, for which all administrative appeals specifically authorized have been timely exhausted, shall be filed in the Douglas County superior court and served on all necessary parties within 21 days after the date of issuance of the notice of final decision, as determined pursuant to Chapter 36.70C RCW as now exists or as may be hereafter amended.
B. Notice of the appeal and any other pleadings required to be filed with the superior court shall be served on the city within the 21-day time period.
C. The appellant shall arrange for transcription of any hearings held on the application and file all transcripts. All costs of transcription and preparing the record on appeal shall be paid by the appellant. The appellant shall, prior to the city’s preparation of the record, pay an advance deposit to the city in an amount determined by the city’s fee schedule for copying materials. The fee schedule shall represent the city’s reasonable costs of duplicating the record. Any excess advance deposit shall be refunded to the appellant. (Ord. 99-026 § 1).
14.10.040 SEPA appeals.
A. A major purpose of this title is to combine environmental considerations with public decisions. Therefore, any appeal brought under the State Environmental Policy Act (SEPA) shall be linked to a specific governmental action. SEPA provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of Chapter 43.21C RCW and Chapter 197-11 WAC. It is not intended to create an independent cause of action unrelated to a specific governmental action.
B. Appeals under SEPA shall be taken from the land use permit decision of the city, together with its accompanying environmental determinations.
C. Appeals of environmental determinations made (or lacking) under SEPA shall be commenced as set forth in RIMC Title 18 within the time required to appeal the governmental action which is subject to environmental review to superior court. There shall be no administrative appeal of a city action or failure to act with respect to environmental determinations under SEPA.
D. A person aggrieved by a city action or failure to act has the right to a judicial appeal pursuant to RIMC Title 18, Chapters 43.21C and 36.70C RCW, and Chapter 197-11 WAC, as now exist or as may be hereafter amended. There is no administrative appeal of city environmental determinations made (or lacking) under SEPA provided by this title. (Ord. 99-026 § 1).