Chapter 18.66
HEARING EXAMINER
Sections:
18.66.010 Title.
18.66.020 General objectives.
18.66.030 Creation of the hearing examiner.
18.66.040 Appointment and term.
18.66.050 Removal.
18.66.060 Qualifications.
18.66.070 Examiner pro tempore – Duties.
18.66.080 Hearing examiner – Conflict of interest.
18.66.090 Freedom from improper influence.
18.66.100 Duties of the examiner – Applications and decisions.
18.66.110 Applications.
18.66.120 Report by planning department.
18.66.130 Public hearing.
18.66.140 Examiner’s decision and recommendations – Findings required.
18.66.150 Request for reconsideration.
18.66.160 Appeal of final decisions.
18.66.170 Hearing examiner’s recommendation.
18.66.180 Council action.
18.66.190 Review of chapter by council.
18.66.010 Title.
This chapter shall be hereafter known as the “hearing examiner” chapter and may be cited as such and will be hereinafter referred to as “this chapter.” (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.020 General objectives.
It is the general objective of this chapter to:
A. Provide a single, efficient, integrated, land use regulatory decision-making process and public hearing system;
B. Render land use regulatory decisions and recommendations to the city council;
C. Provide a greater degree of due process in land use regulatory decision-making and public hearings;
D. Separate land use policy formulation from land use policy administration processes. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.030 Creation of the hearing examiner.
The office of the hearing examiner, hereinafter referred to as examiner, is hereby created. The examiner shall interpret, review, and implement land use regulations as provided in this title and other ordinances. The term examiner shall likewise include the examiner pro tem. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.040 Appointment and term.
The hearing examiner shall be appointed by the mayor and subject to confirmation by the Auburn city council. In the event that the appointed examiner is unable to perform the duties of office for whatever reason, or in the event of a vacancy in office, the mayor shall appoint an examiner pro tem who shall have the authorities herein provided. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.050 Removal.
The examiner or the examiner pro tem may be removed from office at any time by the mayor. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.060 Qualifications.
The examiner and the examiner pro tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to, appropriate educational experience such as in urban planning, land use law and public administration. Wherever feasible, the mayor shall endeavor to appoint qualified candidates who reside in the Auburn area. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.070 Examiner pro tempore – Duties.
The examiner pro tem, in the event of the absence or inability of the examiner to act, shall have all the duties and powers of the examiner. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.080 Hearing examiner – Conflict of interest.
The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his decision-making process. Any actual or potential conflict of interest shall be disclosed by the hearing examiner to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have the examiner free from personal interest or prehearing contracts on land use regulatory matters considered by him. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or prehearing interest contact impairs the examiner’s ability to act on the matter, the hearing examiner shall state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner must abstain, the mayor shall be notified and the mayor shall appoint a hearing examiner pro tem to sit in the hearing examiner’s stead. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.090 Freedom from improper influence.
No council member, city official, or any other person shall attempt to interfere with, or improperly influence the examiner or examiner pro tempore in the performance of his designated duties. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.100 Duties of the examiner – Applications and decisions.
For cases and actions as prescribed by ordinance, the examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts, and a decision. As provided by ordinance, such decision may be a recommendation or a final action subject to appeal as provided by ordinance. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.110 Applications.
Applications requiring a determination by the hearing examiner shall be filed with the planning department.
A. Within 28 days of receipt of an application the planning department shall determine whether the application is complete. If complete, the application shall be accepted. If not complete, the planning department shall request that the applicant provide additional information as necessary to complete the application. Where applicable, this process shall meet the requirements for completion as set forth in ACC Title 14.
B. The applicant shall be advised of the date of acceptance of the application and of the environmental determination, if one is made. The applicant shall be advised of the date of any public hearing at least 10 calendar days prior to the hearing. If pursuant to ACC Title 14, an open record predecision hearing is required and the threshold determination requires public notice pursuant to Chapter 16.06 ACC, then the threshold determination shall be issued at least 15 days prior to the open record predecision hearing. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.120 Report by planning department.
When such application has been set for public hearing, if required, the planning department shall coordinate and assemble the comments and recommendations of other city departments and other governmental agencies having an interest in the subject application and shall prepare a report summarizing the issues involved, planning department findings of fact, recommended conditions and/or recommended action. This report shall be transmitted to the examiner at least four calendar days prior to the scheduled hearing. Copies of this report shall be mailed to the applicant prior to the hearing and shall be made available to the public for the cost of reproduction prior to the scheduled hearing. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.130 Public hearing.
A. Before rendering a decision or recommendation on any application for which a public hearing is required, the examiner shall hold a public hearing thereon. Unless otherwise required by the Auburn City Code, all hearings conducted by the examiner shall be open record hearings. Notice of the place and time of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given in accordance with ACC 18.70.040.
B. The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter subject to review by the city council and to administer oaths and preserve order.
C. At the close of the testimony the examiner may close the public hearing, continue the hearing to a time and date certain, or close the public hearing pending the submission of additional information on or before a date certain.
D. Until a final action on the application is taken, the examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record.
E. If a project consists of different actions which require separate hearings to be held for each action, one consolidated hearing shall be held as required by ACC Title 14. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.140 Examiner’s decision and recommendations – Findings required.
A. Unless the time is extended pursuant to this section, within 10 calendar days of the conclusion of a hearing, or the date set for submission of additional information pursuant to this chapter, the examiner shall render a written decision, including findings from the record and conclusions therefrom, and shall transmit a copy of such decision by regular mail, postage prepaid, to the applicant and other parties of record in the case who have requested notice of the decision at the public hearing. The person mailing the decision shall prepare an affidavit of mailing, in standard form, and the affidavit shall become a part of the record of the proceeding. In the case of applications requiring city council approval, the examiner shall transmit his decision to the city council.
B. In extraordinary cases, the time period for filing of the recommendation or the decision of the examiner may be extended for not more than 20 calendar days after the conclusion of the hearing if the examiner finds that the amount and the nature of the evidence to be considered, or receipt of additional information which cannot be made available within the normal decision period, requires the extension. Notice of the extension, stating the reasons therefor, shall be sent to all parties of record in the manner set forth in this section for notification of the examiner’s decision.
C. Conditions. The examiner’s recommendation or decision may be to grant or deny the application, or the examiner may require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the application compatible with the environment and carry out the goals and objectives of the comprehensive plan, this title, the land division ordinance, other codes and ordinances of the city of Auburn, and the approved preliminary plat, if applicable. Conditions, modifications and restrictions which may be imposed shall be founded in the body of legislation approved by the city council. Performance bonds may be required to insure compliance with the conditions, modifications and restrictions.
D. Termination of Decision. The city declares that circumstances surrounding land use decisions change rapidly over a period of time. In order to assure the compatibility of a decision with current needs and concerns, any such decision shall be limited in duration, unless the action or improvements authorized by the decision is implemented promptly. Any application, except a rezone, approved pursuant to this chapter shall be implemented within two years of such approval unless other time limits are prescribed elsewhere. Any application which is not so implemented shall terminate at the conclusion of that period of time and become null and void. The examiner may grant one extension of time for a maximum of one year for good cause shown. The burden of justification shall rest with the applicant. For large-scale or phased projects the examiner may at the time of approval or recommendation set forth time limits for expiration which exceed those prescribed in this section for such extended time limits as are justified by the record of the action. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.150 Request for reconsideration.
The planning director or an interested party affected by the final decision or recommendation of the examiner who asserts that the hearing examiner based that recommendation or decision on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the examiner within seven calendar days after the written decision of the examiner has been rendered. The request for reconsideration shall set forth the specific errors relied upon by such appellant, and the examiner may, after review of the record, take further action as the examiner deems proper. The examiner may request further information which shall be provided within 10 calendar days of the examiner’s request. The examiner’s written decision on the request for consideration shall be transmitted to all parties of record within 10 calendar days of receipt of the request for reconsideration or receipt of the additional information requested, whichever is later. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.160 Appeal of final decisions.
The planning director or any interested party affected by the examiner’s written final decision may submit a notice of appeal to the city clerk, upon a form supplied by the city clerk, within 10 calendar days from the date of mailing of the examiner’s report. The notice of appeal shall be accompanied by a fee, if any, in accordance with the fee schedule of the city. The hearing examiner’s decision shall be scheduled by the city clerk for a closed record public hearing before the city council. Notice of the closed record public hearing shall be posted and sent to all parties of record at least 10 calendar days prior to that hearing date. The hearing date shall be the earliest feasible city council meeting following the expiration of the notice period. Upon conducting a closed record public hearing and upon its review of the record of the hearing examiner’s final decision, the city council may affirm, reject, modify, or remand the hearing examiner’s decision or take whatever action it deems appropriate pursuant to law. At the closed record hearing no or limited new evidence or information is allowed to be submitted and only appeal argument is allowed. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.170 Hearing examiner’s recommendation.
A. For actions requiring the hearing examiner’s recommendation as provided by ordinance, the examiner’s recommendation shall be forwarded to the city council within 10 calendar days of the examiner’s decision. The recommendation shall be placed on the next agenda of the city council. The city council upon its review of the record may:
1. Affirm the recommendation;
2. Remand the recommendation to the hearing examiner;
3. Schedule a closed record public hearing before the city council.
B. Any aggrieved person may request the city council to conduct its own closed record hearing. Upon its own closed record hearing the city council may affirm, reject, modify the hearing examiner’s recommendation or take whatever action it deems appropriate pursuant to law. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.180 Council action.
Any application requiring action by the city council shall be evidenced by minute entry unless otherwise required by law. When taking any such final action, the council shall make and enter findings of fact from the record and conclusions therefrom which support its action. Unless otherwise specified, the city council shall be presumed to have adopted the hearing examiner’s findings and conclusions.
A. All applications requiring council action shall be placed on the council’s agenda for consideration.
B. The action of the council approving, modifying or rejecting the hearing examiner’s decision or recommendation shall be final and conclusive, subject to any writ of review pursuant to law. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.190 Review of chapter by council.
The city council may on an annual basis review the content and effect of this chapter on the city of Auburn and its citizens. The method of review may include a public hearing open to all interested citizens. The council after review and consideration shall at that time decide to modify, repeal, or retain all of or part of this chapter. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)