Chapter 14.10
APPEALS

Sections:

14.10.010    Appeals.

14.10.020    Administrative appeals.

14.10.030    Judicial appeals.

14.10.040    SEPA appeals.

14.10.010 Appeals.

A. An administrative appeal of a decision of the town after full administrative review shall be timely filed with the town by the applicant or any party of record. The administrative appeal shall be heard as an open record appeal by the hearing examiner at a public hearing.

B. There shall be no administrative appeal of a decision of the hearing examiner. An appeal of a hearing examiner decision shall be timely filed as a judicial appeal in the superior court by the applicant or any party of record.

C. An appeal of a final legislative decision of the council after legislative review shall be timely filed as a judicial appeal.

D. The town shall have no obligation to the applicant or any party to defend an appeal from a decision of the town, hearing examiner or the council. (Ord. 577, 1998).

14.10.020 Administrative appeals.

A. An administrative appeal shall be filed with the town within 14 calendar days of the issuance of the decision appealed, together with the applicable appeal fee. An administrative appeal shall be held before the hearing examiner.

B. 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 application or proposed development.

3. The specific reasons why the appellant believes the decision to be erroneous, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall have the burden of proving the decision is erroneous.

4. The specific relief sought by the appellant.

5. The appeal fee.

C. The appeal fee for a regular hearing shall be $550.00. A regular hearing is one in which the time spent by the hearing examiner for review of materials in preparation for the hearing, the open record hearing itself, and the review of materials and issuance of a decision will not exceed four hours of the hearing examiner’s time.

D. The appeal fee for a special hearing shall be based upon the actual time spent by the hearing examiner. A special hearing is one in which the hearing examiner’s time for review of materials in preparation for the hearing, holding of the open record public hearing, and review of materials in preparation of the decision will likely exceed four hours of hearing examiner time. The appellant shall be advised in advance of the special hearing of the anticipated fee and shall pay said fee prior to a hearing on the matter. (Ord. 717 § 1, 2010; Ord. 577, 1998).

14.10.030 Judicial appeals.

A. Appeals of an action of the town with respect to an application, for which all administrative appeals specifically authorized have been timely exhausted, shall be filed in the Douglas County superior court and served on all necessary parties within 21 days after the date of issuance of the notice of final decision, as determined pursuant to RCW 36.70C.040.

B. Notice of the appeal and any other pleadings required to be filed with the superior court shall be served on the town within the 21-day time period.

C. The appellant shall arrange for transcription of any hearings held on the application and file all transcripts. All costs of transcription and preparing the record on appeal shall be paid by the appellant. The appellant shall, prior to the town’s preparation of the record, pay an advance deposit to the town in an amount determined by the town’s fee schedule for copying materials. The fee schedule shall represent the town’s reasonable costs of duplicating the record. Any excess advance deposit shall be promptly refunded to the appellant. (Ord. 577, 1998).

14.10.040 SEPA appeals.

A. A major purpose of this title is to combine environmental considerations with public decisions. Therefore, any appeal brought under the State Environmental Policy Act (SEPA) shall be linked to a specific governmental action. SEPA provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of Chapter 43.21C RCW and Chapter 197-11 WAC. It is not intended to create an independent cause of action unrelated to a specific governmental action.

B. Appeals under SEPA shall be taken from the land use permit decision of the town, together with its accompanying environmental determinations.

C. Appeals of environmental determinations made (or lacking) under SEPA shall be commenced within the time required to appeal the governmental action which is subject to environmental review to superior court. There shall be no administrative appeal of a town action or failure to act with respect to environmental determinations under SEPA.

D. A person aggrieved by a town action or failure to act has the right to a judicial appeal pursuant to Chapters 36.70C and 43.21C RCW and Chapter 197-11 WAC. There is no administrative appeal of town environmental determinations made (or lacking) under SEPA provided by this title. (Ord. 577, 1998).