HomeMy WebLinkAbout2650 Hearing Examiner Exanded ScopeOrdinance No. c~ ~' ~ CQ
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION
2.14.050, FUNCTION AND JURISDICTION, CHAPTER 2.14, HEARING
EXAMINER, OF THE PORT TOWNSEND MUNICIPAL CODE, TO EXPAND THE
SCOPE OF MATTERS REFERRED TO THE EXAMINER IN ACCORDANCE WITH
PTMC 20.01.045
WHEREAS, RCW 35A.63.170 authorizes code cities to utilize a heating examiner for
public heatings in land use and other matters; and
WHEREAS, a hearing examiner system provides for an efficient and fair method of
determining appeals of land use and other administrative decisions; and
WI-W~, a hearing examiner is well-versed in procedural due process, land use laws,
and recent court decisions; and
WHEREAS, a heating examiner may reduce the City's potential liability for improper
public hearings and land use decisions; and
WHEreAS, on April 21, 1997, by Ordinance No. 2584, the Port Townsend City Council
created a limited scope hearing examiner system to hear matters specifically defined in Chapter
2.14 PTMC. In Ordinance 2584, the City Council found that at the time of adoption of the
ordinance, it was "in the best interests of the citizens of Port Townsend to retain the jurisdiction
of the City's Planning Commission and City CouncW to conduct certain hearings and appeals as
defined in Chapter 20.01 PTMC; and
WHEREAS, the City Council has amended Chapter 20.01 PTMC, to allow for referral
to the heating examiner of matters involving potential appearance of fairness concerns for the
Planning Commission or the City Council, and for matters involving specialized expertise, which
are best resolved through a hearing examiner process. The City Council finds that referral to the
examiner of such matters best serves the interests of the City, as stated in the above Findings,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 1. Chapter 2.14, Hearing Examiner, Section 2.14.050, Function and
jurisdiction, of the Port Townsend Municipal Code is hereby amended to read as follows:
2.14.050 Function and jurisdiction.
The hearing examiner shall hear and decide the following matters:
A. Appeals of all administrative decisions as defined in PTMC 1.14.020;
B. Local improvement district hearings as provided herein; and
C. Appeals of declarations of dogs as dangerous as provided in PTMC 8.04.272;_ai1.C[
D. All .Type_ 1II land use decisions as the city. council refers to the examiner in accordance.
with PTMC 20.01.045.
(Ord. ~ § 1, 1998; Ord. 2584 § 1, 1997).
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.
Read for the first, second, and third times and adopted by the City Council of the City of
Porf Townsend, Washington, at a regular meeting thereof, held this 15th day of June, 1998.
J?~e MCCull~ch, Mayor
Attest:
Pam Kolacy, City Clerk 0
06109198 Ord\{214050.doc}
3 ~o~ahan,'City Attorney
2 Ord.