Chapter 13.11
APPEALS

Sections:

13.11.010    Appeal of administrative interpretations and decisions.

13.11.015    Appeal of historic preservation board and planning commission decisions.

13.11.020    Appeal of hearing examiner decisions.

13.11.030    Administrative appeals.

13.11.040    Judicial appeals.

13.11.050    Transcription costs and record preparation.

13.11.060    Reconsideration.

13.11.010 Appeal of administrative interpretations and decisions.

Administrative interpretations and administrative decisions pursuant to WCC 13.09.030(1) and 13.09.040 may be appealed, by applicants or parties of record, to the hearing examiner as provided for in WCC 13.11.030. Administrative decisions pursuant to WCC 13.09.030(7) may be appealed, by applicants or parties of record, to the historic preservation board as provided for in WCC 13.11.030. There are no administrative appeals of decisions issued pursuant to WCC 13.09.030(2) through (6), (8) and (9). (Ord. 2011-45 § 6; Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))

13.11.015 Appeal of historic preservation board and planning commission decisions.

Historic preservation board and planning commission decisions pursuant to WCC 13.09.050 may be appealed, by applicants or parties of record, to the hearing examiner as provided for in WCC 13.11.030. (Ord. 2011-26 § 4; Ord. 2010-34 § 1)

13.11.020 Appeal of hearing examiner decisions.

Decisions of the hearing examiner may be appealed by applicants or parties of record to the Chelan County superior court as provided for in WCC 13.11.040; provided, however, that no final decision of the hearing examiner may be appealed to Chelan County superior court unless such party has first brought a timely motion for reconsideration of the hearing examiner’s decision pursuant to WCC 13.11.060. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))

13.11.030 Administrative appeals.

(1) Filing. Every appeal to the hearing examiner or historic preservation board shall be filed with the city within 14 days after the date of the decision of the matter being appealed. If the 14-day period ends on a weekend or on a holiday, the following working day shall be the fourteenth day.

(2) Contents. The notice of appeal shall contain a concise statement identifying:

(a) The decision being appealed;

(b) The name and address of the appellant and his/her interest(s) in the matter;

(c) The specific reasons why the appellant believes the decision to be wrong, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision was wrong;

(d) The specific desired outcome or changes to the decision;

(e) The appeal fee.

(3) Process. Upon receipt of a notice of appeal containing all information required in subsection (2) of this section, the city shall schedule with the applicable hearing body either an open record hearing or a closed record appeal hearing if an open record hearing has already been held on an application.

(4) Closed record appeals shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to provide argument and guidance for the body’s decision. Closed record appeals shall be conducted generally as provided for public hearings, except that no new evidence or testimony shall be given or received except as provided in subsection (4)(c) of this section. The parties to the appeal may submit timely written statements or arguments.

(a) A decision following a closed record appeal hearing shall include one of the following actions:

(i) Grant the appeal in whole or in part.

(ii) Deny the appeal in whole or in part.

(iii) Remand for further proceedings and/or evidentiary hearing.

(b) In the event the hearing body determines that the public hearing record or record on appeal is insufficient or otherwise flawed, it may remand the matter back to the hearing body to correct the deficiencies. The items or issues to be considered and the time frame for completing the additional work shall be specified.

(c) The hearing body may receive new evidence in addition to that contained in the record on appeal only if it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:

(i) The proper constitution of or disqualification grounds pertaining to the decision maker (violations of the state’s appearance of fairness statute).

(ii) The use of unlawful procedure. (Ord. 2011-45 § 7; Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))

13.11.040 Judicial appeals.

Appeals from the final decision of the city council pursuant to WCC 13.09.060 or hearing examiner pursuant to WCC 13.09.050, and for which all other appeals specifically authorized have been timely exhausted, including the provisions of WCC 13.11.060, shall be made to Chelan County superior court and served on all necessary parties within 21 days of the date the decision or action became final, unless another time period is established by state law or local ordinance. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the mayor and city attorney within the applicable time period. This requirement is jurisdictional. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))

13.11.050 Transcription costs and record preparation.

The cost of transcribing and preparing all records ordered certified by the court, required at the discretion of the hearing examiner or required at the discretion of the city attorney shall be borne by the appellant. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))

13.11.060 Reconsideration.

An applicant or party of record may seek reconsideration only of a final decision by filing a written request for reconsideration with the administrator within 10 days of the final decision. The request shall comply with WCC 13.11.030(2). The hearing examiner shall, within 30 days of receipt of the request for reconsideration, consider the request at a public meeting, without public comment or oral argument by the party filing the request. If the request is denied, the previous action shall become final. If the request is granted, the hearing examiner may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals. Reconsideration will be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))