Chapter 14.11
APPEALS

Sections:

14.11.010  Purpose.

14.11.020  Who may appeal.

14.11.030  When to appeal.

14.11.040  Where to appeal.

14.11.050  Contents of appeal.

14.11.060  Administrative appeal procedures.

14.11.070  Appeals to quasi-judicial boards.

14.11.080  Appeals to court.

14.11.010 Purpose.

A. The purpose of this chapter is to create uniform requirements and rules for appeals of recommendations and decisions occurring under the development code.

B. The procedures and requirements in this chapter apply to all administrative and quasi-judicial appeals allowed or permitted under the development code.

C. Requirements for appeals of final decisions occurring under the development code to quasi-judicial boards are specified under MCMC 14.11.070.

D. Requirements for appeals of final decisions occurring under the development code to court are specified in MCMC 14.11.080.

E. The procedures and requirements of this chapter shall also apply to administrative appeals allowed or permitted under Chapter 9.14 MCMC. (Ord. 2006-647 § 4; Ord. 2005-609 § 2)

14.11.020 Who may appeal.

Only the applicant, a party of record, or the city may appeal a recommendation or decision issued under the development code. A regulatory order under Chapter 14.13 MCMC may be appealed only by the person to whom it is directed. (Ord. 2005-609 § 2)

14.11.030 When to appeal.

A. Appeal Period. Unless another time period is specified by the development code, an appeal of any recommendation or decision issued under the development code, including a regulatory order, shall be filed within 15 days of the date of the recommendation, decision or order. Filing of an appeal within the specified time period is jurisdictional and no appeal body shall be vested with the authority to consider an appeal if it is not timely filed.

B. The 15-day appeal period shall be calculated as follows:

1. For an administrative decision, the appeal period shall be calculated from the date the recommendation or final decision is issued, which shall be the date set forth on the recommendation or final decision.

2. For a recommendation or decision made by a multimember body, the appeal period shall be calculated from the date the multimember body takes final action at an open public meeting adopting the recommendation or decision.

C. A motion for reconsideration shall not change or affect the time period for appeal set forth in this section. (Ord. 2005-609 § 2)

14.11.040 Where to appeal.

Every appeal authorized by the development code shall be filed in the office of the city clerk by 4:30 p.m. of the last day of the appeal period. "Filed" means that one original and one copy of the appeal has been received and date stamped by the city clerk. (Ord. 2005-609 § 2)

14.11.050 Contents of appeal.

Every appeal filed under this chapter shall contain the following:

A. The name and address of the appellant.

B. A complete copy of the decision being appealed.

C. The name of the person or body to whom the appeal is directed.

D. A concise statement of the appellant’s interest and standing in the appeal.

E. A concise explanation describing the specific reasons why the appellant believes the decision to be wrong.

F. The desired outcome of the appeal and/or changes to the recommendation or decision.

G. The appeal fee. (Ord. 2005-609 § 2)

14.11.060 Administrative appeal procedures.

A. The city clerk shall notify the city manager, city attorney and other appropriate personnel of the filing of every appeal (whether or not timely filed), shall forward a copy of the appeal to the appeal body to which it is directed, and shall cause the appeal to be placed on the next regular meeting agenda for scheduling purposes.

B. At the regular meeting at which the appeal is noted, the appeal body shall schedule further action on the appeal as necessary and appropriate to hear and resolve the appeal, including without limitation study sessions, briefing(s) by the staff and/or parties, and argument or hearing dates.

C. The city clerk shall ensure that the record of the decision being appealed is transmitted to the appeal body for review. The "record of the decision" shall be indexed by the clerk and, except for privileged or otherwise confidential material which shall be withheld by the clerk, shall include all of the following as applicable to the matter being appealed:

1. The record compiled from the hearing pursuant to MCMC 14.09.050 (if any), including the electronic record of such hearing;

2. The city’s administrative file(s) regarding the matter;

3. Written comments submitted during the applicable comment periods;

4. All other documents or tangible items upon which the decision appealed from was based; and

5. The notice of appeal.

D. The appellant and any party of record may obtain a copy of the record of decision from the clerk by paying the city’s cost to produce the record. If the electronic record exceeds one hour in duration, the appeal body may require the appellant to obtain at the appellant’s cost and provide to the city clerk a verified verbatim transcript of the electronic record for use by the appeal body.

E. The appeal hearing shall be an open record or closed record hearing as appropriate. If the appeal hearing is an open record hearing, it shall be conducted in accordance with MCMC 14.09.050. If the appeal hearing is a closed record hearing, it shall be conducted in accordance with MCMC 14.09.060. The appellant shall bear the burden of persuasion at the appeal hearing.

F. Following the appeal hearing and upon the conclusion of deliberations, the appeal body shall render a final decision in accordance with the applicable provisions of MCMC 14.09.080. (Ord. 2005-609 § 2)

14.11.070 Appeals to quasi-judicial boards.

A. Appeals from a final decision of the city council, board of appeals/adjustment, design review board or other city board or body arising under the development code which are appealable to an administrative body such as the Growth Management Hearings Board, Shorelines Hearing Board, or Pollution Control Hearings Board shall be filed in accordance with the rules and timelines governing such appeals.

B. Standing to file a quasi-judicial appeal shall require that the appellant have timely taken and exhausted all other appeals specifically authorized by the development code.

C. In addition to any other requirements of law, copies of the notice of the appeal and all initial pleadings required to be filed with the board shall be served on the city clerk within the applicable time period for filing said pleadings.

D. Unless otherwise specified by state law, the appeal shall be on the record created by the body making the final decision, and the cost of transcribing and preparing all records ordered certified by the board or desired by the appellant for an appeal shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee in the amount specified by the city clerk. The appellant shall pay to the city clerk the full cost of preparing all such records at least three business days before the final day for submitting the records to the board. Any overpayment shall be promptly returned to the appellant. If the appellant prepares a verbatim transcript of proceedings for an appeal, an original or copy shall be provided to the city for copying, and the city shall promptly return the original or copy so provided. (Ord. 2005-609 § 2)

14.11.080 Appeals to court.

A. Appeals from a final decision of the city council, board of appeals/adjustment, design review board or other city board or body which is not subject to a quasi-judicial appeal and which arises under the development code shall be made to Snohomish County superior court.

B. Standing to file a judicial appeal shall require that the appellant has timely taken and exhausted all other appeals specifically authorized by the development code.

C. Judicial appeals shall be filed within the following time periods:

1. Appeals of decisions subject to review under the Land Use Petition Act, Chapter 36.70C RCW ("LUPA"), shall be made within 21 days of the date the decision became final.

2. Appeals of enforcement decisions or regulatory orders issued under Chapter 14.13 MCMC shall be made within 21 days of the date the decision or order was issued.

3. Appeals of a notice of action issued under MCMC 18.04.250 shall be made within the time period specified therein unless a different time period is established for the underlying action, in which case the time period for the underlying action shall apply.

4. All other appeals shall be filed within 30 days of the date the decision was issued unless another time period is established by state law or city code.

D. In addition to any other requirements of law, copies of the notice of the appeal and all initial pleadings required to be filed with the superior court shall be served on the city clerk within the applicable time period for filing said pleadings.

E. Unless otherwise specified by state law, the appeal shall be on the record created by the body making the final decision, and the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for an appeal shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee in the amount specified by the city clerk. The appellant shall pay to the city clerk the full cost of preparing all such records at least three business days before the final day for submitting the records to the court. Any overpayment shall be promptly returned to the appellant. If the appellant prepares a verbatim transcript of proceedings for an appeal, an original or copy shall be provided to the city for copying, and the city shall promptly return the original or copy so provided. (Ord. 2005-609 § 2)