Chapter 15.90
APPEALS
Sections:
15.90.040 Hearing examiner decision.
15.90.050 Appeal of hearing examiner decision.
15.90.060 Cost of court appeal.
15.90.010 Appeals.
A. Appeals of the following decisions by the code official may be made to the hearing examiner:
1. Interpretation of this title or technical codes, pursuant to EMC 15.10.030(C)(1)(a);
2. Decision on modification, pursuant to EMC 15.10.180(A);
3. Decision on alternative materials, design, and methods of construction and equipment, pursuant to 15.10.180(C);
4. Determination of completeness, pursuant to EMC 15.10.190;
5. Decision on permit application, pursuant to EMC 15.10.230; or
6. Revocation or suspension of an issued building permit, pursuant to 15.10.320.
No other determinations, orders, or approvals of the code official under this title may be appealed.
B. All references in the technical codes to the board of appeals shall be deemed to refer to the hearing examiner system of Chapter 2.40 EMC.
C. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of the technical codes nor shall the hearing examiner be empowered to waive requirements of the technical codes.
D. If no appeal is filed, or if a timely appeal is filed and not stayed or reversed, the code official’s decision shall become final. (Ord. 24-660 § 1 (Exh. A)).
15.90.020 Notice of appeal.
A. The applicant or permittee may file a written request for appeal with the city clerk within seven business days of the date of the applicable decision.
B. The appeal shall identify the applicable decision being appealed, the basis for the appeal, and include payment of the appeal fee as set forth in the city of Edgewood fee schedule.
C. The city clerk shall transmit the appeal to the hearing examiner. Any appeal under this section shall be heard by the hearing examiner of the city in accordance with EMC 2.40.090 for review of such decision.
D. If an appeal is not timely filed, the applicable decision shall be final. (Ord. 24-660 § 1 (Exh. A)).
15.90.030 Appeal hearing.
Upon receipt of an appeal, the hearing examiner shall schedule an appeal hearing to occur no sooner than 10 days nor later than 30 days of the filing of a notice of appeal, unless otherwise agreed by the parties. Notice of the hearing shall be sent by the hearing examiner to the appellant and/or the person(s) named on the applicable notice and order being appealed by personal service or regular mail, or as may be otherwise requested by the parties. At or after the appeal hearing, the hearing examiner may:
A. Sustain the applicable determination or decision;
B. Withdraw the applicable determination or decision and remand to the code official; or
C. Continue the review to a date certain for receipt of additional information. (Ord. 24-660 § 1 (Exh. A)).
15.90.040 Hearing examiner decision.
The hearing examiner shall issue a written decision on any appeal within 10 business days of the hearing, unless the hearing examiner informs the parties in advance of the need for additional time and provides a date that the decision will be issued. The hearing examiner shall provide a copy of the decision to the city, the appellant, and any other parties of record by personal service or regular mail, or as may be otherwise agreed by the parties. The decision of the hearing examiner shall be final and conclusive unless appealed. (Ord. 24-660 § 1 (Exh. A)).
15.90.050 Appeal of hearing examiner decision.
Decisions of the hearing examiner may be appealed to the Pierce County superior court. Notice of appeal shall be filed and served on all necessary parties within 21 calendar days of the date of decision. Notice of the appeal and any other pleadings required to be filed with the court to initiate the appeal shall be served on the parties within the applicable time period. If the 21-day period ends on a weekend or on a holiday, the following business day shall be the twenty-first day. The appeal shall be a closed record appeal based on the administrative record. (Ord. 24-660 § 1 (Exh. A)).
15.90.060 Cost of court appeal.
The cost of transcribing and preparing all records necessary for appeal under this chapter shall be paid for in advance by the appellant. (Ord. 24-660 § 1 (Exh. A)).