Chapter 15.46
APPEALS
Sections:
15.46.010 Appeals to the Wapato city council.
15.46.020 Limitations on appeals.
15.46.030 When to appeal and appeal fee.
15.46.040 Contents of notice of appeal.
15.46.050 Notice of the appeal hearing.
15.46.060 Participation in the appeal.
15.46.080 Record of appeal hearing.
15.46.090 Decision on the appeal.
15.46.010 Appeals to the Wapato city council.
Appeals of orders, decisions and determinations of the building official shall be heard and decided by the Wapato city council during a public meeting. The Wapato city council shall act in its adjudicatory capacity during any appeal under this chapter. To the extent the codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the Wapato city council. (Ord. 1214 §1(part), 2009)
15.46.020 Limitations on appeals.
An appeal under this chapter shall be based on a claim that this code or the technical codes adopted by reference have been incorrectly interpreted, that the provisions of this code or the technical codes adopted by reference do not apply, or that an equally good or better form of construction, method of protection or safety is proposed. The hearing examiner shall have no authority to waive requirements of this title. (Ord. 1214 §1(part), 2009)
15.46.030 When to appeal and appeal fee.
An appellant shall file a written appeal of the order, decision or determination of the building official with the Wapato city clerk/treasurer within twenty days of the date of the decision of the building official. Any appeal fee shall be set by fee resolution. (Ord. 1214 §1(part), 2009)
15.46.040 Contents of notice of appeal.
The appeal shall contain a clear reference to the matter being appealed and a statement of the specific elements of the building official’s order, decision or determination disputed by the appellant. The appeal shall also contain a copy of any written decision made by the building official. (Ord. 1214 §1(part), 2009)
15.46.050 Notice of the appeal hearing.
A. The city clerk/treasurer shall prepare a notice of the appeal hearing containing the time and place of the hearing before the Wapato city council, the matter being appealed, and the specific elements of the building official’s decision being disputed.
B. Notice shall be made at least fourteen days prior to the appeal to each person who has appealed the building official’s order, decision or determination. (Ord. 1214 §1(part), 2009)
15.46.060 Participation in the appeal.
Only those parties who have appealed the building official’s order, decision or determination may participate in the appeal. Appellants may participate in either or both of the following ways:
A. By submitting written comments or testimony to the Wapato city council prior to the commencement of the hearing; and/or
B. By appearing in person, or through a representative, at the hearing.
The Wapato city council may reasonably limit the extent of oral testimony or oral argument to facilitate the orderly and timely conduct of the hearing. (Ord. 1214 §1(part), 2009)
15.46.070 Scope of appeal.
The appeal will be an open record appeal hearing. The scope of the appeal is limited to the specific elements of the building official’s order, decision or determination disputed by the appellant and the Wapato city council shall only consider comments, testimony and arguments on these specific elements. (Ord. 1214 §1(part), 2009)
15.46.080 Record of appeal hearing.
The city shall make an electronic sound recording of the hearing. (Ord. 1214 §1(part), 2009)
15.46.090 Decision on the appeal.
The Wapato city council shall consider all information and material within the scope of the appeal submitted by persons entitled to participate in the appeal. Based on the Wapato city council’s findings and conclusions, the Wapato city council may affirm, reverse or modify the order, decision or determination being appealed. Within five business days after it is issued, the Wapato city council’s decision shall be mailed to the applicant and to each person who has requested notice of the decision. The decision by the Wapato city council is the final decision of the city. (Ord. 1214 §1(part), 2009)
15.46.100 Judicial review.
The Wapato city council’s decision may be appealed to the Yakima County superior court. The cost of transcribing and preparing all records ordered certified by the court shall be borne by the appellant. The appellant shall post with the city clerk/treasurer prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk/treasurer. Any undercharges shall be promptly paid by the appellant. (Ord. 1214 §1(part), 2009)