Chapter 17.16
APPEALS
Sections:
17.16.020 Appeals--Where filed.
17.16.030 Appeals of decisions made by the building official.
17.16.040 Appeal of decisions by the planning commission.
17.16.050 Legislative body on appeals.
17.16.060 Appeal of decisions made by the legislative body.
17.16.080 Actions not appealable.
17.16.010 Purpose.
The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of this title. (Ord. 956(part), 1993)
17.16.020 Appeals--Where filed.
All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the fire department. The department shall forward the appeal to the appropriate reviewing official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. (Ord. 956(part), 1993)
17.16.030 Appeals of decisions made by the building official.
A. Appeal to the Planning Commission. Except as otherwise provided, any aggrieved person or agency directly affected by any decision of the building official or administrative official may appeal that decision to the planning commission.
B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the building official. Appeals shall be filed with the fire department. If a final decision does not require mailing, the appeal shall be filed within fourteen days following the issuance of the final decision.
C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the fire department and shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body or department of the city. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Wapato urban area comprehensive plan, this title, or other provisions of law.
D. Notice. The fire department shall set a reasonable time and place for hearing of the appeal and shall notify the adverse parties of record and the official whose decision is being appealed at least ten days prior to the hearing.
E. Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the planning commission all the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent.
F. Action by the Planning Commission. Testimony given during the appeal shall be limited to those points cited in the appeal application. The planning commission shall render a written decision on the appeal within ten business days from the conclusion of the hearing unless a longer period is mutually agreed to by the appellant and the planning commission. The planning commission may affirm, reverse, wholly or in part, or modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the planning commission’s decision to the appellant, the parties of record, and the official whose decision was appealed not later than three business days following the issuance of the final decision.
G. Decision by the Planning Commission Shall Be Final Unless Appealed. Except as otherwise provided, all appeal decisions by the planning commission shall be final and conclusive on all parties unless appealed to the legislative body under Section 17.16.040. (Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)
17.16.040 Appeal of decisions by the planning commission.
A. Appeals. The final decision of the planning commission on those applications listed in Section 17.20.050(C) and on appeals made under Section 17.16.030 shall be final and conclusive, unless it is appealed to the legislative body by a person aggrieved, or by an agency of the city affected, by the decision in the following manner:
1. The appealing party must file a complete written notice of appeal with the fire department upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of the planning commission’s final decision.
2. The notice of appeal shall specify the claimed error(s) and issue(s) which the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the legislative body.
B. Appeal Procedures.
1. The fire department shall notify the parties of record that an appeal has been filed and that the copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the department. The notice to parties shall also state that the parties of record wishing to respond to the appeal may submit written argument or memorandum to the legislative body within fourteen days from the date that the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the planning commission. A copy of the notice shall be sent to the appellant.
2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the fire department. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may thereafter request, in writing, and the department may, at its discretion and for cause, grant without prior notice to other parties of record a fifteen-day extension of time within which written arguments or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memoranda would otherwise be due. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written arguments or comments shall not include the presentation of any new evidence and shall be based only on the facts presented to the planning commission.
3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the fire department shall within five days deliver to the legislative body a copy of the planning commission’s decision, the evidence presented to the planning commission, an audio recording of the hearing before the planning commission and any written arguments or memoranda of authority which have been received. (Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)
17.16.050 Legislative body on appeals.
A. General. When the record and the planning commission’s decision have been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a public meeting by the legislative body at which time the legislative body shall consider the appeal. The date of the public meeting should not be later than twenty days following the date the legislative body receives the information from the fire department.
B. Public Notice of Meeting on Appeals. The clerk of the legislative body shall mail written notice to all parties of record and the council to apprise them of the meeting date before the legislative body.
C. Site Views. The legislative body may view the site.
D. Scope of Review. Legislative body review of the facts shall be limited to evidence presented to the planning commission. The legislative body may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond to the material provided.
E. Action on Appeal. At the public meeting, the legislative body may adopt, amend and adopt, reject, amend and reverse the findings, conclusions, and decision of the planning commission or remand the matter for further consideration or for the purpose of taking and considering new factual evidence by the council. If the legislative body renders a decision different from the decision of the planning commission, the legislative body shall adopt amended findings and conclusions accordingly. (Ord. 956(part), 1993)
17.16.060 Appeal of decisions made by the legislative body.
The action of the legislative body on appeal of the decision of the planning commission shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate right of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purpose of review by the superior court. (Ord. 956(part), 1993)
17.16.070 Effect of appeals.
Filing of an appeal stays all actions of the building official on pending applications for development permits associated with the action or decision being appealed. The filing of an appeal shall not stay the effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations and revocations of permits and approvals. (Ord. 956(part), 1993)
17.16.080 Actions not appealable.
A. Generally. Only final actions or decisions of a reviewing or other official may be appealed under this chapter.
B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action.
C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter 17.25. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any party in a court of law. (Ord. 956(part), 1993)