Chapter 13.20
REVIEW AND APPEAL

Sections:

13.20.010    Hearing examiner – Authority designated.

13.20.030    Administrative appeals.

13.20.050    Interpretation review – Procedure.

13.20.060    Hearing examiner – Scope of power – Implementation of decision.

13.20.070    Petitions, applications – Submission recordation.

13.20.080    Stay.

13.20.090    Appeal from hearing examiner to court.

13.20.010 Hearing examiner – Authority designated.

The hearing examiner shall have original jurisdiction to review any administrative interpretation of the provisions of the Bothell shoreline master program and implementing ordinances made by the director and any order, requirement decision or determination relating thereto in the application of any specific provision of the program and ordinances to any land or structure. The hearing examiner shall examine the files and records of the administrator from whose determination the appeal is made and may receive additional evidence or testimony for the purpose of determining the reasonableness of such official’s investigation or determination, and upon such review and hearing shall enter its findings as to the facts involved in the determination together with conclusions as to the right of the applicant or appellant for the relief sought, and shall enter an order affirming the action or interpretation of the director or in directing further consideration or action by the director, if the hearing examiner finds his/her action to be insufficient or in error. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.20.030 Administrative appeals.

Any party of record may file an administrative appeal of the administrator’s decision on a Type II shorelines substantial development application, or any interpretations of the administrator in the application of the Bothell shoreline master program and implementing ordinance to the hearing body for relief. See BMC Title 11 for appeal procedures and requirements. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.20.050 Interpretation review – Procedure.

Subject to the provisions of BMC Title 11, the hearing body may initiate a review of the administrator’s interpretation of the provision of the Bothell shoreline master program and implementing ordinances. At a hearing held for such purpose pursuant to notice duly given to the director and any owner of property which may be affected by such hearing, the hearing body may review such administrative interpretation and make and enter the findings of fact, conclusion or order in relation thereto. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.20.060 Hearing examiner – Scope of power – Implementation of decision.

Subject to the provisions of BMC Title 11, the order of the hearing examiner, granting or denying a special property use, variance or reviewing the administrative determination of the administrator shall become effective immediately upon the entry of such order in a written decision of the hearing examiner unless the hearing examiner finds that the making of such decision or order effective immediately would create a condition of practical impossibility or unnecessary hardship, in which case the hearing examiner shall set a new and different effective date which, in no event, shall be more than 30 days from the date of entry of such order. In exercising its powers, the hearing examiner, in conformity with the provisions of this title, may reverse or affirm wholly or partly and may modify the order, requirements, decision or determination appealed from and may make such order, requirements, decisions or determinations as should be made in the premises. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.20.070 Petitions, applications – Submission recordation.

The manner and time within which appeals from the director’s determination shall be made to the hearing examiner shall be as provided in BMC Title 11. The department of community development shall be the custodian of all records of the meetings, findings, conclusions and orders of the hearing examiner. All such records shall be open to the public. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.20.080 Stay.

A request for an interpretation review by the hearing examiner shall stay all proceedings, entry of orders and furtherance of action from which the request for a review was taken, unless the director from whose determination the appeal is taken certifies to the hearing examiner, after notice of appeal, that by reason of fact stated in the certificate a stay would, in his opinion, cause imminent peril to life or property or would create an unnecessary hardship to other property owners. In such case, such action shall not be stayed otherwise than by a restraining order lawfully issued by a court of competent jurisdiction. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.20.090 Appeal from hearing examiner to court.

The action of the hearing examiner exercising the authority granted in BMC 13.16.010 and 13.16.020 shall be final and conclusive, unless a proceeding for review in a court of competent jurisdiction is timely filed under the Land Use Petition Act set forth in Chapter 36.70C RCW, as may be amended from time to time. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).