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HomeMy WebLinkAbout2584 Hearing ExaminerOrdinance No. 2584 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING THE OFFICE OF A HEARING EXAMINER, AND ADOPTING A NEW CHAPTER 2.14, HEARING EXAMINER, OF THE PORT TOWNSEND MUNICIPAL CODE WHEREAS, RCW 35A.63.170 authorizes code cities to utilize a hearing examiner for public hearings 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 WlW~REAS, a hearing examiner is well-versed in procedural due process, land use laws, and recent court decisions; and WHEREAS, a heating examiner can reduce the City's potential liability for improper public hearings and land use decisions; and WglEREAS, through this ordinance, the City Council hereby intends to create a limited scope hearing examiner system for appeals and hearings of certain administrative decisions. At this time, the Council believes it to be in the best interest of the citizens of Port Townsend to retain the jurisdiction of the City's Planning Commission and City Council to conduct hearings and hear appeals as provided in Chapter 20.01 PTMC, NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. A new Chapter, 2.14, Hearing Examiner, of Title 2, Administration and Personnel, is adopted to read as follows: Chapter 2.14 HEARING EXAMINER Sections: 2.14.010 2.14.020 2.14.030 2.14.040 2.14.050 2.14.060 2.14.070 2.14.080 Hearing examiner - Purpose. Position established. Appointment. Appointment of heating examiners pro tempore. Function and jurisdiction. Authority of hearing examiner over local improvement districts (LIDs). Hearing examiner - Conflict of interest and freedom from improper influence. Rules of procedure. 2.14.010 Hearing examiner - Purpose. The purpose of this chapter is to provide an administrative appeal and hearing system which will best satisfy the following basic needs: A. The need to separate the city's land use appeal function in certain types of permits from its land use planning function; B. The need to ensure and expand the principles of fairness and due process in public appeal heatings; C. The need to provide an expeditious system for appeals of city land use code enforcement actions which ensures the due process fights of appellants and affected residents; and D. The need to provide an efficient and effective administrative appeal system for certain types of permits and actions. 2.14.020 Position established. Pursuant to RCW 35A.63.170, the position of hearing examiner ("examiner") is hereby created. The role of the examiner shall be to conduct appeals hearings and to interpret, review, and implement regulations as provided in this chapter. Unless the context requires otherwise, the term "hearing examiner" used in this chapter shall include hearing examiners pro ternpore. The office of the examiner shall be under the administrative supervision of the examiner and shall be separate and distinct from any city officer or department. 2.14.030 Appointment. A. The hearing examiner shall be appointed by the city council with regard only for qualifications for the duties of the office. B. The qualifications for the office of the hearing examiner are expertise in land use law and planning and the training and experience necessary to conduct administrative or quasi- judicial heatings and issue decisions and recommendations on land use planning and regulatory matters. C. The hearing examiner shall be retained as an independent contractor pursuant to a contract approved by the city council. The term of appointment, compensation and other requirements shall be as established pursuant to contract. 2 Ord. 2584 2.14.040 Appointment of hearing examiners pro tempore. The city council may appoint one or more hearing examiners pro tempore to act prior to the appointment of and/or in the absence of the regular hearing examiner. Such appointment shall be from qualified applicants. Hearing examiners pro tempore, when acting in such capacity, shall have all powers and duties of the hearing examiner as prescribed in this code or elsewhere. 2.14.050 Function and jurisdiction. The hearing examiner shall hear and decide the following matters: Appeals of all administrative decisions, as defined in Section 1.14.020 PTMC; Local improvement district hearings as provided herein; and Appeals of declarations of dogs as dangerous as provided in Section 8.04.272 2.14.060 Authority of hearing examiner over local improvement districts (LIDs). The authority and responsibility of the city council as legislative authority to hold hearings for the establishment and assessment of local improvement districts, as provided in RCW 35.43.140 and 35.44.070, is delegated to the hearing examiner. Specifically, the hearing examiner is authorized and directed to: A. Hold all required hearings on the formation of a local improvement district initiated by resolution and issue a recommendation to the city council to: 1. Form or not form the district; or 2. Add property to or delete property from the district; B. Hold all required hearings pertaining to the following: 1. The assessment roll for a local improvement district and to confirm, correct, revise, raise, lower, change, or modify the roll, or any part thereof, or to set aside the roll and order the assessment to be made anew; and Any assessment upon the roll that is raised or changed to include omitted property. 3 Ord. 2584 2.14.070 Hearing examiner - Conflict of interest and freedom from improper influence. A. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or substantial financial interest. B. The examiner shall not be an elected or appointed official or employee of the city. C. No councilmember, city official, or any other person shall attempt to influence or in any way interfere with the examiner in the Performance of his or her designated duties. 2.14.080 Rules of procedure. The hearing examiner shall be authorized to adopt rules of procedure. Such rules shall be confu'med by the city council by resolution. Such rules shall be consistent with Section 20.01.240 PTMC, "Procedures for Public Hearings." 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 passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this c:2~ day of ~ , 1997. Julie ~(~e'Culloch, Mayor Attest: Approved as to Form: --T-inl~h_[_._ McMahan, City Attorney 04/15197 [Title 2-2.14] Ord\{Hear-ex.doc} 4 Ord.