Chapter 2.72 HEARING EXAMINER

C. To provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters. (Ord. 967 § 1, 2002).

2.72.020 Creation of land use hearing examiner.

Pursuant to RCW 35A.63.170, the office of the city of Soap Lake land use hearing examiner, hereinafter referred to as “examiner,” is hereby created. The examiner shall interpret, review and implement land use regulations as provided in this chapter or by other ordinance. Unless the context requires otherwise, the term “examiner” as used herein shall include deputy examiners and examiners pro tempore. (Ord. 967 § 1, 2002).

2.72.030 Appointment and term.

The examiner shall be appointed by the mayor and shall serve at the pleasure of the mayor. (Ord. 967 § 1, 2002).

2.72.040 Qualifications.

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointed office or position in city government. (Ord. 967 § 1, 2002).

2.72.050 Compensation.

The examiner may be classified as a regular, part-time employee or the city may contract with the examiner for the performance of the duties described in this chapter. The compensation to be paid the examiner shall be that established in the annual city budget. (Ord. 967 § 1, 2002).

2.72.060 Hearing examiner pro tempore and/or deputy examiner.

The examiner pro tempore and/or deputy examiner shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the examiner. (Ord. 967 § 1, 2002).

2.72.070 Freedom from improper influence.

No person, including city officials, elective or appointive, or any other person shall attempt to influence an examiner in any matter pending before him or her, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his or her duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal services to the examiner upon request. (Ord. 967 § 1, 2002).

2.72.080 Conflict of interest.

No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familiar interest, or in which the examiner has a direct or indirect personal interest that might interfere with his or her decision-making process, or concerning which the Examiner has had substantial prehearing contacts with proponents or opponents. Any such actual or potential conflict shall be disclosed to the parties immediately upon discovery of such conflict and any hearing shall be conducted by a deputy or pro tempore examiner. (Ord. 967 § 1, 2002).

2.72.090 Powers.

A. The examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter written findings of fact and conclusions of law as provided for herein. The decision of the examiner on the following matters shall be final and conclusive unless such decision is appealed pursuant to SLMC 2.72.170.

B. The examiner shall be empowered to hear and decide any and all requests for a variance of the city zoning ordinances, pursuant to the limitations of RCW 35A.63.110(2).

C. The examiner shall be empowered to hear and decide any and all requests for a conditional use permit pursuant to the city zoning ordinances.

D. The examiner shall be empowered to hear and decide all appeals related to an environmental determination pursuant to the city ordinances.

E. The examiner shall be empowered to hear and decide any and all requests for a special use permit pursuant to the city zoning ordinances.

F. The examiner shall be empowered to hear and decide any and all appeals of the actions of the zoning code enforcement and building officials of the city pursuant to the city zoning ordinances.

G. The examiner shall be empowered to hear and decide any other matters assigned to the examiner pursuant to the Soap Lake Municipal Code. (Ord. 1082 § 2, 2008; Ord. 967 § 1, 2002).

2.72.100 Applications.

A. Applications for all matters to be heard by the examiner shall be presented to the community development director. For the purposes of this chapter, the community development director shall be the first person holding the following positions with the city: the city planner, city planning consultant or public works director. The community development director shall accept such applications only if all applicable filing requirements are met, including payment of the filing fee. The community development director shall be responsible for assigning a date for a public hearing for each application and for ensuring due notice of public hearing for each application. The public hearing date shall not be more than 30 days after the filing of a completed application and furnishing all necessary data to the community development director.

B. The mayor shall establish an application fee that recovers from applicants at least 90 percent of the costs of the examiner. (Ord. 967 § 1, 2002).

2.72.102 Application procedure.

A complete application shall contain a detailed site plan describing the request sought. The mayor shall be responsible for assigning a date for a public hearing for each application, which date shall not be more than 30 days after the applicant has complied with all requirements and furnished all necessary data to the city as determined by the city planner. (Ord. 1082 § 1, 2008).

2.72.104 Appeal procedure.

A. Written Appeal. Appeals shall be written and shall include the following.

1. The name of the project applicant and the date of the decision.

2. The name and address of the person appealing, and his or her interest in the matter.

3. A brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant.

4. A brief statement of the relief sought and the reasons why it is claimed the action appealed from should be reversed, modified, or otherwise set aside.

5. An appeal fee established pursuant to SLMC 2.72.100.

B. Filing the Appeal. The appellant shall file an appeal with the city planner within 10 days after the date of the decision being appealed.

C. Rejection of Appeal. If an appeal is not properly filed because one or more of the required materials set forth in this section has not been submitted to the city planner within the time limit established in this section, the city planner has the authority to reject the appeal. In such instances, the city planner shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).

D. Stay of Proceedings. If an appeal is properly filed within the time limit, the appealed decision shall be suspended, and no further development action which is the subject of the appeal may be taken until the appeal is decided, but if a suspension would cause imminent peril to life or property, development action may be continued only by an order issued by the board or by a court of competent jurisdiction.

E. Planner’s Action. If an appeal is properly filed within the time limit, the city planner shall:

1. Set the hearing on the appeal for a date that is within 90 days of the date the appeal was filed.

2. Give notice of the hearing as specified in SLMC 2.72.130.

3. Provide the hearing examiner with the appropriate materials as set forth in SLMC 2.72.110.

4. The project applicant, appellant, and other interested parties who have made requests to the city clerk shall be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so. (Ord. 1082 § 1, 2008).

2.72.106 Appeal procedure – Administrative enforcement.

The procedures in this section apply only to appeals to the hearing examiner pursuant to Chapter 1.30 SLMC.

A. Written Appeal. Appeals shall be written and shall include the following.

1. The date of, the name of the person subject to and the address of the property or the location subject to the notice of violation and order to correct or cease activity from which the appeal is being taken.

2. The name and mailing address of the person appealing.

3. A brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant.

4. A brief statement of the relief sought and the reasons why it is claimed the notice of violation and order to correct or cease activity was improperly issued.

5. The appeal fee established pursuant to SLMC 2.72.100.

B. Filing the Appeal. The appellant shall file an appeal with the community development department within 10 days after the date of the decision being appealed.

C. Rejection of Appeal. If an appeal is not properly filed because one or more of the required materials set forth in this section has not been submitted to the community development department within the time limit established in this section, the community development director has the authority to reject the appeal. In such instances, the community development director shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).

D. Stay of Proceedings. If an appeal is properly filed within the time limit, the notice of violation and order to correct or cease activity shall be suspended, and no further enforcement action shall be taken unless the city files for accelerated review of the appeal because of an emergency situation. In the event a request for accelerated review is received, the hearing examiner will conduct a preliminary hearing to determine the hearing schedule and to enter any temporary order to protect the general welfare of the citizens of the city if deemed necessary.

E. Department Action. If an appeal is properly filed within the time limit, the community development director shall:

1. Set the hearing on the appeal for a date that is within 90 days of the date the appeal was filed.

2. Give notice of the hearing as specified in SLMC 18.07.035.

3. Provide the hearing examiner with the appropriate materials as set forth in SLMC 18.07.035.

4. The appellant and city attorney shall be provided copies of any material provided to the hearing examiner if they have not previously been provided. (Ord. 1082 § 1, 2008).

2.72.110 Report by city planner.

When an application has been set for public hearing, the city planner shall coordinate and assemble the comments and recommendations of other city departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the city planner’s findings and recommendations. At least seven days before the scheduled hearing the report shall be filed with the examiner. The project applicant, appellant, and other interested parties who have made requests to the city planner shall be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so.

B. When an appeal has been set for public hearing, the city planner shall coordinate and assemble the staff report, minutes if any, the decision, a preliminary response to the appeal and other relevant material. At least seven calendar days prior to the scheduled hearing, those materials shall be filed with the hearing examiner. The project applicant, appellant, and other interested parties who have made requests to the planning department shall be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so. (Ord. 1082 § 2, 2008; Ord. 967 § 1, 2002).

2.72.120 Rules.

The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter. Such rules may provide for the cross-examination of witnesses, the administration of oaths, and the preservation of order. (Ord. 967 § 1, 2002).

2.72.130 Public hearing.

Before rendering a decision or recommendation on any application, the hearing examiner shall hold at least one open record public hearing thereon.

A. Notice of the time and place of the public hearing shall be given as provided in SLMC 18.07.020.

B. The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths and preserve order. (Ord. 1082 § 2, 2008; Ord. 967 § 1, 2002).

2.72.140 Official case record.

The record of the public hearing conducted by the examiner shall include, but need not be limited to, the following materials:

A. The application or petition;

B. The departmental staff reports;

C. All evidence received or considered, which shall include all exhibits and other materials filed;

D. A statement of all matters officially noticed;

E. A decision or a recommendation containing the findings and conclusions of the examiner; and

F. Any environmental determination made pursuant to the State Environmental Policy Act (SEPA) and the city ordinances in furtherance of that act. (Ord. 967 § 1, 2002).

2.72.150 Examiner’s decision – Findings required.

When the hearing examiner renders a decision, the hearing examiner shall make and enter written findings from the record and conclusions therefrom which support such decision, which decision shall be rendered on the tenth day following the conclusion of the hearing. The copy of such decision, including findings and conclusions, shall be transmitted by certified mail, return receipt requested, to the applicant and other parties of record requesting the same pursuant to Chapter 18.07 SLMC. (Ord. 1082 § 2, 2008; Ord. 967 § 1, 2002).

2.72.160 Notice of examiner’s decision.

Not later than three working days following the rendering of a written decision, copies thereof shall be mailed to the applicant and to other interested parties of record in the case. All copies so mailed shall be transmitted by the U.S. Postal Service to the last address provided to the community development director’s office by the addressee. “Parties of record” shall include the applicant and all other persons who specifically request notice of decision by signing a register provided for such purpose at the public hearing and provide a current mailing address. (Ord. 967 § 1, 2002).

2.72.170 Appeal of examiner’s decision.

Any party who feels aggrieved by the hearing examiner’s decision may submit an appeal as provided in Chapter 18.11 SLMC. (Ord. 1082 § 2, 2008; Ord. 967 § 1, 2002).

2.72.180 Council action.

Repealed by Ord. 1082. (Ord. 967 § 1, 2002).

2.72.190 Computation of time.

Computation of any period of time prescribed or allowed by these rules shall begin with the first day following that on which the act or event initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday or national or state holiday, the period shall run until the end of the next following business day. (Ord. 967 § 1, 2002).