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HomeMy WebLinkAbout2585 Amending Uniform Appeal ProcedureOrdinance No. c2~ ,~ ~7 ~ AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 1.14, UNIFORM APPEAL PROCEDURE OF ADMINISTRATIVE DECISIONS OF BUILDING AND COMMUNITY DEVELOPMENT AND PUBLIC WORKS DIRECTORS, OF THE PORT TOWNSEND MUNICIPAL CODE, TO CREATE A PROCEDURE TO APPEAL CERTAIN DECISIONS OF THE PUBLIC WORKS AND BCD DIRECTORS; MAKING CERTAIN LAND USE DECISIONS APPEALABLE TO THE CITY HEARING EXAMINER; AND PROVIDING CLEAR PROCEDURES FOR HEARING EXAMINER APPEALS TO ENSURE THE DUE PROCESS RIGHTS OF APPELLANTS WHEREAS, recently enacted amendments to Titles 12 and 13 PTMC create appealable decisions of the Public Works Director, pursuant to this Chapter 1.14 PTMC; and WHEREAS, the City Council intends to expedite appellate review of certain administrative land use decisions to implement the goals and policies of the City's Comprehensive Plan and implementing ordinances; and WHEREAS, in Chapter 2.14 PTMC, the City has created the position of City Hearing Examiner to provide an efficient and fair method of conducting hearings and determining appeals of certain administrative decisions, NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Two new sections 1.14.040, Standard of review, and 1.14.050, Judicial appeal, are hereby added to Chapter 1.14, Uniform Appeal Procedure of Administrative Decisions of Building and Community Development and Public Works Directors, of the Port Townsend Municipal Code. Chapter 1.14 is amended to read as follows: Sections: 1.14.010 1.14.020 1.14.030 1.14.040 1.14.050 Applicability. Definitions. Administrative appeal process. Standard of review. 1.14.010 Applicability. This chapter and the procedure herein shall apply to the appeal of all administrative decisions, as defined in PTMC 1.14.020, made by the building and community development ("BCD") and public works directors of the city which may now or hereafter be provided for by ordinance of the city. All administrative decisions not specifically made ap_rmalable under this Chapter 1.14 shall be governed by Chapter 20.01 PTMC. (Ord. § 1, 1997; Ord. 2506 § 1, 1996; Ord. 2275 § 1, 1991). 1.14.020 A. decisions: Dermitions. "Administrative decision" for the purposes of this chapter shall mean 1. All T..vpe II land use decisions as defined in Chapter 20.01 PTMC; All appealable decisions of the public works director as provided in Title All ap!~21able decisions of the public works director as provided in Title 4. All decisions of the BCD director and the public works director in any code enforcement matter made ap!~alable pursuant to Chapter 20.10 PTMC. B. "Director" means the BCD director of the city., or his or her designee, or the public works director of the city, or his or her designee. C. "Land use codes" includes PTMC Title 12, Transportation and Rights-of-Way S[reets and ............. _ _ o,~,,,~,~,,~, Title 13, Water. Sewer and Stormwater: Title 15, Fire; Title 16, Buildings and Construction; Title 17, Zoning; Title 18, Land Division; and Title 19, Environmental Protection. D. "Hearing Examiner," means the official appointed by the city council pursuant to Chapter 2.14 PTMC, to serve as the city's hearing examiner. "Hearing examiner" shall also mean a hearing examiner pro tempore appointed by the city council to preside over a particular matter, (Ord. __ § 1, 1997; Ord. 2506 § 1, 1996; Ord. 2275 § 2, 1991). 1.14.030 Administrative appeal process. A. Ap!~_alable decisions. Any applicant or any person who participated in an a0gf, alah~ administrative decision as defined in Section 1.14.020 PTMC and as provided in auulicable., land use codes by ,,~**,,~;:-- received iiotice ,.,, ~uum,,w~u w,,,~. ,~,.,,.m,~,,,~ ha connection [hei-ewlili may appeal an appealable administrative decision of a director. 5LIUIIIILLIII~ ~. Wlll. l.g;ll ;'qgl. LUlllg;llL lllU. l~.,O, gJ. ll~ I, IIU 1~1~,,L5 UlO.~ g. Sl. fl. UUSll Lllg; O. IJIlg;llO,.lll. 5 II, IlL LU ~l.lJl./~.,O-I~ appmm Ul IUUllUlynl~ *~illW ~[rOrS Iii UiU U~i~iUli OUlii~ UIU I~UU~t~ IUiIUi iIUIII UIU U~I~IUII UUIII~ ~~j ~1~ UUI~I HIIUIIII~UUII I~UII~UI~ II~B~ tU III~U ~ U~IBIUIi UI~ ......................... ' ~'"-- ~-- :- '~ ......... ~-~ :- ~ ...... ~ ~ .... AD~S iii IUI UI sh~l be fil~ wi~ ~e aDplicable d~n~ment. B. Content of ~pe.~l. The a_~oellant shall submit to the a~olicable department a notice of appeal containing a concise statement idenfif.ving and including the following: 1. The decision being appealed; 2. The name and address of the aDpellant and his/her interest in the matter; 3. The specific reasons why the appellant believes the decision is wrong, identifying whether the perceived error is factual or legal in nature. If the aDpellant believes that the decision is legally erroneous, the aDpellant must clearly identify the legal errors, including citation to all aDplicable plans, codes and regulations; 4. The desired outcome or changes to the decision; and 5. The ap_tm, al fee in the amount set forth in Chanter 3.36 PTMC (for public works decisions) or ChaDter 20.09 PTMC (for BCD decisions). Any notice of aD.r~al not in full compliance with this section shall not be considered. C. Time limitation for aDpeals. Any such appeal must be filed with the BCD or public works departments no later than t-5 14 calendar days following the date on which the administrative decision of the director was issued,,,,~:'- j ,,, .... ,,,,~,'- .... w~'-- '-~,~,~,~,,~ ....... ~,,~,~w.'"'- -"--- For the pu _rposes of this chanter, the date on which a land use decision is deemed "issued" is three days after a written decision is mailed by the city or, if not mailed, the date on which the city. provides notice that a written decision is publicly available. D. Assignment of aDpeal to hearing examiner; scheduling of hearing. The BCD or public works departments shall transmit the statement of appeal to the city eorm~ clerk, ~ who shall schedule a hearing before the hearing examiner on the appeal and cause notice of the hearing to be mailed to the applicant and to the appellant no later than seve~ 14 calendar days prior to the date of hearing, The notice shall be mailed by first class mail, postage fully prepaid, and proof of mailing shall be by affidavit or declaration under penalty of perjury of the person mailing the same. 1~. Conduct of hearing; Decision of hearing examiner. A-f-ret Dariag2~ hearing, the city council hearing examiner shall consider the record of the decision of the director, together with any and all information relied upon by the director in making its decision. The ¢oiiiicll hearing examiner shall also consider testimony at the hearing and any other written submissions made at or prior to the appeal hearing. Following the hearing, the council [e, alJng examiner shall make its a written decision either affirming, reversing or modifying the decision of the director. The coiiiicll hearing examiner may shall make its-ow~ findings of fact and conclusions in suonort of the fi/id decision. The eonnci~ hearing examiner's decision shall represent the final decision of the city. F. Hearing examiner decision -- When issued. The hearing examiner's decision shall be issued not more than 14 calendar days after the hearing; prov/ded, however in the event the hearing examiner is unable to issue the decision within the 14 day period, prior to the expiration if the 14 day period, the hearing examiner shall mail .(by regular mail) a notification to all parties of record advising the parties of the delay and stating the date when the hearing examiner will issue the decision. Delay in issuance of the hearing examiner's decision shall not be grounds for reversal. (Ord. __ § 1, 1997; Ord. 2506 § 1, 1996; Ord. 2275 § 3, 1991). 1.14.040 Standard of review. During all ap_~xl hearings subject to this chapter, the appellant shall carry, the burden of proof. The hearing examiner shall reverse or modify, the administrative decision of the director only upon the appellant demonstrating that the decision ap?~aled was clearly erroneous and/or contrary, to law. In making this decision, in reviewing discretionary, decisions and issues of code interpretation and application, the hearing examiner shall accord substantial deference to the special expertise of the director as an official charged with administering city plans, ordinances and codes. (Ord. § 1, 1997.) 1.14.050 Judicial anneal. Any judicial appeal of the hearing examiner's decision must be filed and served within 21 calendar days of the issuance of the land use decision, as further set forth in Chapter 36.70C RCW. (Ord. § 1, 1997.) SECTION 2. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 21st day of April, 1997. Attest: Julie ~ulloch, l~ay~)r Approved as to Form: Pa~ Kolacy, Ci'ty Clerk ~_______~-~.TI~ L.-'M~ah:~-{, City Attorney 04/17/97 [Titlo 1] Ord\{Chl-14.ord}