HomeMy WebLinkAbout2506 Uniform Appeal Procedure of Administrative DecisionsOrdinance No. 2506
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
PTMC CHAPTER 1.14, UNIFORM APPEAL PROCEDURE OF
ADMINISTRATIVE DECISIONS OF BUILDING AND COMMUNITY
DEVELOPMENT DIRECTOR, TO ADD ADMINISTRATIVE DECISIONS
OF THE PUBLIC WORKS DIRECTOR TO THE APPEAL PROCESS
WHEREAS, the City Council desires to make the appeals procedures of this chapter
apPly also to the administrative decisions of the Public Works Director and to further update the
appeals provisions of Chapter 1.14,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. Chapter 1.14, Uniform Appeal Procedure of Administrative Decisions of
Planning and Building Director of the Port Townsend MuniciPal Code is hereby amended to read
as follows:
Chapter 1.14
UNIFORM APPEAL PROCEDURE OF ADMINISTRATIVE DECISIONS OF PLAShiNG
AND BUILDING AND COMMUNITY DEVELOPMENT AND PUBLIC WORKS
DIRECTORS
Sections:
1.14.010
1.14.020
1.14.030
Applicability.
Definitions.
Administrative appeal process.
1,14.010 Applicability.
This chapter and the procedure herein shall apply to the appeal of all administrative decisions,
as defined in Section 1.14.020 below, made by the _,n~: .... ~
v ........ ~ ,..,~ 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. (Ord. 2506 § 1, 1996; Ord. 2275
§ 1, 1991).
1.14.020 Definitions.
A. "Administrative decision" for the purposes of this chapter shall mean avey a decision
which the director is now or hereafter authorized to make upon a~ a land use application under
the zc_,ning c,r .vabd'?;~a:.c,n land use codes of the city, or pursuant tO the director's enforcement
authority under Chapter 20.10 PTMC; provided however, that to be subject to the provisions
this chapter the administrative decision must be made appealable by the relevant land use or
enforcement code.
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 include PTMC Title 12, Streets and sidewalks; Title 15, Fire; Title 16,
Buildings and construction; Title 17, Zoning; and Title 19, Environmental protection.
(Ord. 7..~05 § 1, 1996; Ord. 2275 § 2, 1991).
1.14.030 Administrative appeal process.
A. Any applicant or any person who participated in an administrative decision by having
received notice or submitted written comments in connection therewith may appeal the an
appealable administrative decision of the a director by submitting to the pla~ining and building
applicable department of-the-e~ a written statement indicating the facts that establish the
appellant's right to appeal; a brief statement identifying the specific exceptions and objections to
the decision being, appealed or identifying specific errors in the decision being appealed; the
requested relief from the decision being appealed; any other information reasonably necessary to
make a decision on the appeal; and an appeal filing fee in the amount set forth in Chapter 3.36
PTMC.
B. Any such appeal must be filed with the planning ;uid building BCD or public works
departments no later than ~ 15 Calendar days following the date on which the administratiVe
decision of the director was mailed and-17abtixl~ or otherwise became effective.
C. The planning and building BCD or public works departments shall transmit the
statement of appeal to the o~,,uu m ,~,~ju~,u.~,,L u, u,~ city council, which shall schedule a hearing
on the appeal and cause notice of the hearing to be mailed to the applicant and to the appellant no
later than t0 7 calend~ 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.
D. After hearing, the board city council 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 board council shall also consider testimony at the hearing and any other written submissions
made at or prior to the appeal hearing. Following the hearing, the board council shall make its
decision either affirming, reversing or modifying the decision of the director; or the board council
may make its own findings of fact, conclusions and decision. The board's council's decision shall
ity ---'-: -
represent the final decision of the c ,
.u,.~..~ ~.[ ,m., .. ~--~.,,....,.., v~ ..,~ ,o. Any judicial ar)veal of the council's
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determination must be filed and served within 21 calendar days of the issuance of the land use
decision, as further set forth in RCW 36:70C.040.
(Ord. 7..J"dgg § 1, 1996;Ord. 2275 § 3, 1991).
~. Sevembility. 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 become effective March 1, 1996, upon its approval and publication
in the form and manner required 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 ~ t9 day of February, 1996.
Mayor
Attest: _ ~ ~
Micl~ael Hildt, Abtfng City Clerk
to Form:~~tc~~, ~1 ,
01/30/96 [95-
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