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.
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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}