Chapter 14.120
APPEALS

Sections:

14.120.010    Purpose.

14.120.020    Appeal of actions of the director(s) to the hearing examiner.

14.120.030    Appeals to the construction board of appeals.

14.120.040    Appeal of a hearing examiner decision (Type 4 or 5 permit).

14.120.050    Appeal of city council decisions (Type 6 permits).

14.120.010 Purpose.

These provisions specify procedures for appeal hearings before the hearing examiner and city council on appeals of requirements, decisions or determinations made by the director(s) or hearing examiner. Appeals of decisions or determinations made by city council are appealable to Pierce County superior court. (Ord. 988 § 2, 2003).

14.120.020 Appeal of actions of the director(s) to the hearing examiner.

A. All final actions of the director(s), including Type 1, 2, or 3 permit decisions, SEPA threshold determinations, code interpretations (see BLMC 14.10.070(C)), notices of civil violation, and approvals of minor changes to permits (see BLMC 14.90.110) shall be final and conclusive unless the applicant, a department of the city or county, or other party of record or agency with jurisdiction files a written appeal with the planning and community development department within 15 days following:

1. The decision if the decision process does not provide for a comment period or notice of decision; or

2. The notice of decision if the permit process provides for such notice; or

3. The end of the comment period in the case of SEPA threshold determinations.

B. BLMC 14.120.030 shall govern appeals of actions authorized by the building codes, as adopted by Chapter 15.04 BLMC.

C. Appeals shall contain all grounds on which error is assigned to the decision, and shall be accompanied by the appropriate fee in accordance with Chapter 3.68 BLMC; provided, that such appeal fee shall not be charged to a department of the city or to other than the first appellant.

D. The timely filing of an appeal shall delay the effective date of the administrative staff decision until such time as the appeal is decided by the hearing examiner or is withdrawn.

E. Following the timely filing of an appeal, notice of the date, time and place for the hearing examiner’s consideration shall be mailed to the applicant and to all other parties of record. Such notice shall additionally indicate the deadline for submittal of written comments.

F. The hearing examiner’s decision on the appeals shall be final. (Ord. 988 § 2, 2003).

14.120.030 Appeals to the construction board of appeals.

A. The construction board of appeals as established in Section 105 of the 1997 Uniform Building Code (UBC), Chapter 51-40 WAC, and as adopted by Chapter 15.04 BLMC, shall hear appeals of, and make final interpretations regarding, Chapters 15.04, 15.08 and 15.16 BLMC and other appropriate building codes.

B. The construction board of appeals may hold a hearing. It may mail notices to the applicant and to all other parties of record or publicize a hearing in accordance with BLMC 14.90.040.

C. In the event the construction board of appeals shall, in its own discretion, determine that certain tests or research would be helpful to the board in deciding the appeal and the issues raised thereby, the appellant will bear the expense and time constraints as established by the board as established in Section 105 of the 1997 Uniform Building Code (UBC), Chapter 51-40 WAC. (Ord. 988 § 2, 2003).

14.120.040 Appeal of a hearing examiner decision (Type 4 or 5 permit).

A. Filing. Every appeal to the city council shall be filed with the planning and community development department within 15 calendar days of the date the recommendation or decision of the matter being appealed.

B. Contents. The notice of appeal shall contain a concise statement identifying:

1. The decision being appealed.

2. The name and address of the appellant and his/her interest(s) in the matter.

3. The specific reasons why the appellant believes the decision to be wrong and all grounds on which error is assigned to the examiner’s decision. The appellant shall bear the burden of proving the decision was wrong.

4. The desired outcome or changes to the decision. The appeal fee shall be paid prior to appeal filing.

C. Record. The city council shall consider the matter based upon the written record before the examiner, the examiner’s decision, the written appeal, minutes of the hearing and any written comments received by the city before closure of city offices on a date three days prior to the date set for consideration by the city council. The city council will hear the appeal in a closed record meeting as required by RCW 36.70B.120.

D. Action. The city council may accept, modify or reject the examiner’s decision, or any findings or conclusions therein, or may remand the decision to the examiner for further hearing. A decision by the city council to modify, reject or remand shall be supported by findings and conclusion. The action of the city council in approving or rejecting a decision of the hearing examiner shall be final and conclusive unless within 21 calendar days from the date of such action an aggrieved party serves a land use petition in Pierce County superior court pursuant to RCW 36.70C.040.

E. Stay of Effective Date. The timely filing of an appeal shall stay the effective date of the examiner’s decision until such time as the appeal is adjudicated by the city council or is withdrawn.

F. Determinations of civil violation may be appealed only to superior court. See BLMC 14.130.080(E). (Ord. 988 § 2, 2003).

14.120.050 Appeal of city council decisions (Type 6 permits).

Type 6 permit decisions may not be administratively appealed. Judicial review is available pursuant to RCW 36.70C.040. (Ord. 988 § 2, 2003).