Chapter 3.50
HEARING OFFICER FOR LOCAL IMPROVEMENT DISTRICT FINAL ASSESSMENT ROLL HEARINGS
Sections:
3.50.010 Final assessment roll hearing officer procedures and requirements.
3.50.020 Independent and alternative hearing officer process for final assessment roll hearings.
3.50.010 Final assessment roll hearing officer procedures and requirements.
A. As authorized by RCW 35.44.070, the city council hereby provides for delegating, whenever directed by majority vote of the city council, the duty of conducting public hearings for the purpose of considering and making recommendations on final assessment rolls and the individual assessments upon property within local improvement districts to a hearing officer appointed under this section, and the hearing officer is directed to conduct such hearings in the manner provided by law and make those recommendations when thus authorized by the city council.
B. All objections to the confirmation of the assessment roll shall be in writing and identify the property, be signed by the owners and clearly state the grounds of the objection. Objections not made within the time and in the manner prescribed and as required by law shall be conclusively presumed to have been waived.
C. The hearing officer shall conduct the final assessment roll hearing to be commenced at the time and place designated by the city council, cause an adequate record to be made of the proceedings, and make written findings, conclusions and recommendations to the city council following the completion of such hearing, which may be continued and recontinued as provided by law whenever deemed proper by the hearing officer.
D. The recommendations of the hearing officer shall be that the city council correct, revise, lower, change or modify the roll or any part thereof, or set aside the roll in order for the assessment to be made de novo, or that the city council adopt or correct the roll or take other action on the roll as appropriate, including confirmation of the roll without change. The recommendations of the hearing officer shall be filed with the city clerk and be open to public inspection. All persons whose names appear on the assessment roll who timely filed written objections to their assessments shall receive mailed written notification of their assessments recommended by the hearing officer.
E. All persons who shall have timely filed written objections to their assessments may appeal the recommendations of the hearing officer regarding their properties to the city council by filing written notice of such appeal with the city clerk within 10 calendar days after the date of mailing of the hearing officer’s recommendations.
F. Such appeals shall be based exclusively upon the record made before the hearing officer and shall be considered by the city council at a public meeting. No new evidence may be presented. Arguments on appeal shall be either oral or written as the city council may order.
G. The city council shall adopt, modify or reject the recommendations of the hearing officer in whole or in part, in the discretion of the council, at a public meeting and shall act by ordinance in confirming the final assessment roll.
H. Any appeal from a decision of the city council regarding any assessment may be made to the superior court within the time and in the manner provided by law. (Ord. 2006-14 § 1, 2006)
3.50.020 Independent and alternative hearing officer process for final assessment roll hearings.
The procedures set forth in this chapter are independent of and alternative to any other hearing or review processes heretofore or hereafter established by the city, and shall govern the conduct and review of final assessment roll hearings conducted before hearing officers and related proceedings when authorized and directed by the city council. (Ord. 2006-14 § 1, 2006)
3.50.030 Procedural rules.
Rules of procedure for the office of the hearing examiner, known as the hearing examiner rules, approved by Resolution No. 2003-14, as now in effect or hereafter amended, may be applied, at the discretion of the hearing officer, to the procedures set forth in this chapter if they are consistent with the provisions of this chapter, and Chapter 35A.43 RCW. (Ord. 2006-14 § 1, 2006)