HomeMy WebLinkAbout2698 Amending Uniform Appeal Procedures of Administrative Decisions of Building and Community Development Director and Public Works Director, to Add Type I-A Land Use DecisionsOrdinance No. 2698
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT
TOWNSEND MUNICIPAL CODE SECTION 1.14.020, DEFINITIONS, CHAPTER
1.14, UNIFORM APPEAL PROCEDURE OF ADMINISTRATIVE DECISIONS OF
BUILDING AND COMMUNITY DEVELOPMENT AND PUBLIC WORKS
DIRECTORS, TO ADD TYPE I-A LAND USE DECISIONS AS ~ADMINISTRATIVE
DECISIONS' APPEALABLE TO THE PORT TOWNSEND HEARING EXAMINER
WHEREAS, RCW 35A.63.170 authorizes code cities to utilize a hearing examiner for
public hearings in land use decisions and other matters; and
WHEREAS, a hearing examiner system provides for an efficient and fair method of
reviewing permit applications and determining appeals of land use and other administrative
decisions; and
WHEREAS, a hearing examiner is well-versed in procedural due process, land use laws,
land use planning principles, and recent court decisions; and
WHEREAS, a hearing examiner may reduce the City's potential liability for improper
public hearings and land use decisions; and
WHEREAS, in enacting amendments to the City's land use codes and land use decision
procedural codes, to conform with the Regulatory Reform Act (codified at Chapter 36.70B RCW),
the City established numerous administrative land use decisions, not requiring public notification
or public hearings. This was done to facilitate expeditious land use decisionmaldng in the issuance
of relatively minor ministerial permits, which the City Council believed did not require the delay
and expense of public notification and hearings; and
WHERF_~, through the experience of administration of these land use permit processes,
the City is aware that there are occasions when property owners/developers may have a bona fide
dispute with the decisions of the Building and Community Development (BCD) Director.
Through this ordinance, the City Council therefore establishes an appeal process for certain
administrative decisions, enabling property owners/developers to appeal such decisions to the
City's Hearing Examiner. This process will also avoid the expense and uncertainty inherent in
potential judicial appeals, enable the City to develop a public record prior to any judicial appeal,
and provide substantial assurances of expeditious and cost-effective dispute resolution; and
WItEREAS, the City Council hereby amends PTMC 1.14.020 to confer jurisdiction upon
the Port Townsend Hearing Examiner in accordance with Chapter 20.01 PTMC and Washington
law,
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
building and community development and public works directors, Section 1.14.020, Definitions,
of the Port Townsend Municipal Code is hereby amended to read as follows:
1.14.020 Definitions.
A. "Administrative decision", for the purposes of this chapter, shall mean the following
decisions:
1. All Type I-A and .Type_ II land use decisions as defined in Chapter 20.01 PTMC;
2. All appealable decisions of the public works director as provided in PTMC Title 12;
3. All appealable decisions of the public works director as provided in PTMC Title 13;
and
4. All decisions of the BCD director and the public works director in any code
enforcement matter made appealable 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. "l~and use codes" includes PTMC Title 12, Transportation and Rights-of-Way; 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 sente as the city's hearing examiner. "Heating examiner" shall also mean a heating
examiner pro tempore appointed by the city council to preside over a particular matter.
(Ord. 2698 § 1, 1999; Ord. 2585 § 1, 1997; Ord. 2506 § 1, 1996; Ord. 2275 § 2, 1991).
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
2 Ord. 2698
Adopted by the City Council of thg~City of Port Townsend, Washington, at a regular
meeting thereof, held this ~ day of ~ ,1999.
Forrest Rambo, Mayor
Attest:
Pam Kolacy,
05/24/99 Ord\{ 114020.doe}
Approved as to Form:
3 Ord. 2698