Chapter 21.60
APPEALS

Sections:

21.60.010    Appeal of administrative interpretations and appeals.

21.60.020    Appeal to the city council.

21.60.030    Judicial appeal.

21.60.010 Appeal of administrative interpretations and appeals.

A.    Applicants or parties of record may appeal administrative interpretations and administrative approvals to the hearing examiner, within fifteen working days of the decision, at an open record hearing. The hearing examiner shall have the authority to hear and decide appeals from any order, requirement, permit, decision or determination made by the zoning code administrator or his designee in the administration and enforcement of provisions of this code.

1.    The appeal shall be filed on forms provided by the community development department and must be filed in original form.

2.    The appeal shall set forth the specific reason, rationale, and/or basis for the appeal.

3.    Payment of the appeal fee, as specified in the city’s fee resolution, shall occur at the time the appeal is filed.

B.    Except when superior court or any other body is the designated appeal body, or the Monroe Municipal Code or state law requires otherwise, appeals of the hearing examiner’s appellate decisions for administrative interpretations and administrative approvals, by a party of record, are made to the city council at a closed record hearing, in accordance with MMC 21.50.070. All appeals shall be filed in writing and shall be based on the review of the record established at the hearing before the hearing examiner in accordance with MMC 21.50.090 and 21.60.020. (Ord. 003/2008 (Exh. F); Ord. 001/2003; Ord. 1227, 2001; Ord. 1092, 1996)

21.60.020 Appeal to the city council.

A.    Filing. Every appeal to the city council shall be filed with the director of community development within fifteen working days after the date of 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 appellants and their interest(s) in the matter.

3.    The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong.

4.    The desired outcome or changes to the decision.

5.    The appeals fee. (Ord. 001/2003; Ord. 1227, 2001; Ord. 1092, 1996)

21.60.030 Judicial appeal.

A.    Appeals from the final decision of the city council, planning commission, or hearing examiner, or other city board or body involving MMC Titles 15 through 20, and for which all other appeals specifically authorized have been timely exhausted, shall be made to Snohomish County superior court within twenty-one days of the date the decision or action became final, unless another time period is established by state law or local ordinance.

B.    Notice of the appeal and any other pleadings to be filed with the court shall be served on the city as required by law.

C.    The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such 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 deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant.