Chapter 1.20
HEARING EXAMINER SYSTEM
Sections:
1.20.030 Appointment and terms.
1.20.070 Freedom from improper influence.
1.20.080 Decisions appealable to the Council.
1.20.090 Recommendations to the Council.
1.20.100 Decisions of the Examiner which are final.
1.20.150 Appeal to Examiner – Notice and content and supplemental information.
1.20.160 Appeal to Council – Notice.
1.20.170 Appeal to Council – Content.
1.20.180 Appeal to Council – Consideration.
1.20.190 Appeal to Council – Council action.
1.20.200 Reconsideration of final action.
1.20.210 Review of final decisions.
1.20.010 Purpose.
The purpose of this chapter is to establish a hearing examiner system under the provisions of Chapter 35A.63 RCW to hear and decide certain land use applications and other matters as specifically assigned by ordinance. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 1)
1.20.020 Office created.
The office of Hearing Examiner is hereby created to act on behalf of the City Council by considering and applying zoning and regulatory ordinances to the land as provided herein. The Examiner shall also exercise administrative powers and such other quasi-judicial powers as may be granted by ordinance. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 2)
1.20.030 Appointment and terms.
The Examiner shall be appointed by the City Manager, subject to confirmation by the Council, to serve for a term of two (2) years. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 3)
1.20.040 Removal.
The Examiner may be removed from office at any time for just cause by the affirmative vote of a majority of the whole membership of the Council. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 4)
1.20.050 Qualifications.
The 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. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 5)
1.20.060 Examiner pro tem.
In the event of the absence or the inability of the Examiner to act on an application, a Hearing Examiner pro tem may be appointed, in the manner specified in SMC 1.20.030, for such application or period of absence, and shall have all the duties and powers of the Examiner. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 6)
1.20.070 Freedom from improper influence.
Individual Councilmembers, City officials or any other persons shall not interfere or attempt to interfere with the performance of the Examiner’s designated duties. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 7)
1.20.080 Decisions appealable to the Council.
For the following cases, the Examiner shall receive and examine available information, conduct public hearings, prepare records and reports thereof, and make decisions, which shall be given the effect of an administrative decision appealable to the Council:
A. Preliminary subdivisions;
B. Preliminary planned unit developments;
C. Rezone(s) initiated by the property owner(s);
D. Other applications or appeals which the Council may refer by ordinance, specifically declaring that the Hearing Examiner’s decision shall be appealable to the Council. (Ord. 14-1005 § 1 (part): Ord. 96-1019 § 1: Ord. 96-1008 § 2; Ord. 90-1051 § 2: Ord. 90-1045 § 9. Formerly 1.20.090)
1.20.090 Recommendations to the Council.
For the following cases, the Examiner shall receive and examine available information, conduct public hearings, prepare records and reports thereof, and make a recommendation to the City Council:
A. Other applications or matters which the Council may refer by ordinance specifically declaring that the Hearing Examiner shall make a recommendation to City Council. (Ord. 14-1005 § 1 (part): Ord. 96-1008 § 3: Ord. 90-1051 § 1. Formerly 1.20.100)
1.20.100 Decisions of the Examiner which are final.
For the following cases, the Examiner shall receive and examine available information, conduct public hearings or appeal hearings, prepare records and reports thereof, and make decisions, which shall be final and conclusive:
A. Applications for major conditional use permits;
B. Applications for variances;
C. Applications for shoreline substantial development permits, conditional use permits or shoreline variances;
D. Appeals from the decision of the City Manager or designee on applications for short subdivisions and lot line adjustments;
E. Appeals from threshold determinations;
F. Appeals from notices and orders issued as code enforcement actions;
G. Appeals from decisions regarding the abatement of nonconforming uses;
H. Appeals from administrative decisions or determinations by City officials where the governing ordinance provides for an appeal to the Examiner;
I. Other applications or appeals which the Council may prescribe by ordinance;
J. Appeal for a sign amortization extension;
K. Appeals from administrative decisions regarding minor conditional use permits;
L. Conditional use permit – essential public facilities (CUP-EPF). (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 4: Ord. 98-1037 § 3; Ord. 97-1011 § 1; Ord. 96-1008 § 4; Ord. 95-1012 § 1: Ord. 90-1045 § 10. Formerly 1.20.110)
1.20.110 Hearing procedures.
The Examiner shall have the power to prescribe procedures for the conduct of hearings subject to confirmation of the Council; and also to issue summons and subpoena to compel the appearance of witnesses and production of documents and materials, to order discovery, to administer oaths, and to preserve order. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 11. Formerly 1.20.120)
1.20.120 Public hearing.
A. Before rendering a decision on any application, the Examiner shall hold a public hearing which shall be electronically recorded. For applications subject to Council action, the public hearing by the Examiner shall constitute a hearing by the Council.
B. Whenever a project requires more than one permit or approval, the Examiner shall order a consolidation of and conduct the required public hearings to avoid unnecessary costs or delays. Decisions of the Examiner to order and conduct consolidated hearings shall be final in all cases. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 5: Ord. 96-1008 § 5; Ord. 90-1045 § 12. Formerly 1.20.130)
1.20.130 Appeal hearing.
The appeal hearing shall be electronically recorded and each party shall have the right to call and cross-examine witnesses. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 6. Formerly 1.20.135)
1.20.140 Examiner actions.
Within ten (10) days of the conclusion of a hearing or rehearing, the Examiner shall render a written recommendation or decision and shall transmit a copy thereof to the City, which shall then transmit the decision to all parties of record.
A. The Examiner’s decision may be to grant or deny the application or appeal, or the Examiner may grant the application or appeal with such conditions, modifications and restrictions as the Examiner 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 Comprehensive Plan, the zoning code, the subdivision code and other ordinances, policies and objectives of the City.
B. The conditions, modifications and restrictions that the Examiner may impose include additional setbacks, screenings in the form of landscaping or fencing, covenants, easements and dedications of additional road right-of-way. Performance bonds or equivalent measures may be required to insure compliance with the conditions, modifications and restrictions. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 20. Formerly 1.20.210)
1.20.150 Appeal to Examiner – Notice and content and supplemental information.
A. All notices of appeal regarding any decision being appealed to the Examiner shall be filed with the City Clerk only on forms provided by the City Clerk within fourteen (14) days from the date of the decision, together with a filing fee in the amount specified in the City’s schedule of fees by resolution of the City Council.
B. An appellant must file any supplemental written reports, arguments, or briefs within twenty-one (21) days of filing the appeal. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 9: Ord. 00-1036 § 1; Ord. 90-1045 § 21. Formerly 1.20.220)
1.20.160 Appeal to Council – Notice.
Decisions by the Examiner may be appealed to the Council by an aggrieved party by filing a notice of appeal with the City Clerk within fourteen (14) calendar days of the Examiner’s written decision, together with a filing fee as may be specified by resolution of the City Council. If no appeal is filed within fourteen (14) calendar days, the Examiner’s decision shall be considered as final and conclusive. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 10: Ord. 90-1045 § 22. Formerly 1.20.230)
1.20.170 Appeal to Council – Content.
If a notice of appeal has been filed, the appellant shall file any written arguments within twenty-one (21) calendar days of the date of filing the appeal. The written arguments should specify the basis for the appeal and any arguments in support of the appeal. If appeal arguments are not timely filed, the Examiner’s decision shall be considered as final and conclusive. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 11: Ord. 90-1045 § 23. Formerly 1.20.240)
1.20.180 Appeal to Council – Consideration.
Consideration by the Council of the appeal shall be based upon the record of the Examiner’s public hearing and upon written appeal statements based upon the record; provided the Council may allow parties a period of time for oral argument based on the record. If, after consideration of the record, written appeal statements and any oral argument the Council may:
A. Affirm the decision of the Examiner; or
B. Determine that an error in fact or procedure may exist or additional information or clarification is desired, the Council shall remand the matter to the Examiner; or
C. Determine that the recommendation of the Examiner is based on an error in judgment of conclusion, the Council may modify or reverse the decision of the Examiner. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 24. Formerly 1.20.250)
1.20.190 Appeal to Council – Council action.
The Council shall take final action by ordinance or resolution on an Examiner’s recommendation or on any appeal of an Examiner’s decision and when doing, the Council shall make and enter findings of fact and conclusions from the record which support its action. Said findings and conclusions shall set forth and demonstrate the manner in which the action is consistent with, carries out and helps implement objectives and goals of the Comprehensive Plan, the zoning code, the subdivision code and other official laws, policies and objectives of the City. The Council may adopt as its own all or portions of the Examiner’s findings and conclusions. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 25. Formerly 1.20.260)
1.20.200 Reconsideration of final action.
The Council may reconsider any action after it has become final if:
A. The action was based in whole or in part on erroneous facts or information;
B. The action when taken failed to comply with existing laws or regulations applicable thereto; or
C. An error or procedure occurred which prevented consideration of the interests of persons directly affected by the action. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 26. Formerly 1.20.270)
1.20.210 Review of final decisions.
A. Decisions of the Council shall be final and conclusive unless appealed pursuant to Chapter 16A.17 SMC; provided, no development or related action may occur during said twenty (20) day, or thirty (30) day for plat approvals, appeal period.
B. Decisions of the Examiner in cases identified in SMC 1.20.100 shall be final and conclusive, unless appealed pursuant to Chapter 16A.17 SMC; provided, no development or related action may occur during said appeal period.
C. Notwithstanding the foregoing provisions of this section, final decisions of the Council relating to matters governed by the State Shorelines Management Act shall be appealed to the State Shorelines Hearing Board as specified in the said Act. (Ord. 16-1007 § 6: Ord. 14-1005 § 1 (part): Ord. 03-1020 § 12: Ord. 90-1051 § 4: Ord. 90-1045 § 27. Formerly 1.20.280)