Chapter 1.43
HEARING EXAMINER
Sections:
1.43.010 Office established.
1.43.020 Appointment.
1.43.030 Qualifications.
1.43.040 Removal.
1.43.050 Standards of conduct.
1.43.060 Rules.
1.43.070 Time computation.
1.43.080 Duties and powers.
1.43.090 Applications.
1.43.100 Master applications.
1.43.110 Report of department.
1.43.120 Examiner’s decision.
1.43.130 Notice of examiner’s decision.
1.43.140 Appeal from examiner’s decision.
1.43.150 Effect of appeal.
1.43.160 Council action on appeals.
1.43.170 Appeal of decisions made by council.
1.43.180 Annual report.
1.43.010 Office established.
There is established an office of hearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the department of community and economic development. Unless the context requires otherwise, the term “examiner” as used herein shall include deputy examiners and examiners pro tem. (Ord. 2948 § 1 (part), 1986).
1.43.020 Appointment.
The hearing examiner and any deputy examiners shall be appointed by the city council after consideration of the recommendation of the joint hearing examiner committee created by and pursuant to the “Intergovernmental Agreement for the Mutual Use of Hearing Examiner Services” entered into by and between the city of Yakima and Yakima County, Washington. Such examiner shall serve an indefinite term of office which shall, however, be reviewed one year following the date of original appointment and thereafter every four years. The council may also appoint examiners pro tem to serve in the event of absence or inability to act of the examiner and deputy examiners. (Ord. 2948 § 1 (part), 1986).
1.43.030 Qualifications.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the city of Yakima or the county of Yakima. (Ord. 2948 § 1 (part), 1986).
1.43.040 Removal.
An examiner may be removed from office for cause by a majority vote of the city council after consideration of a recommendation as to removal or nonremoval from the joint hearing examiner committee. (Ord. 2948 § 1 (part), 1986).
1.43.050 Standards of conduct.
(a) No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance of his official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nor, shall this section prohibit rendering of legal services to the examiner or to the council.
(b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct or indirect financial or personal interest or in which such conduct or participation shall violate any rule of law applicable thereto. (Ord. 2948 § 1 (part), 1986).
1.43.060 Rules.
The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCW 36.70.970. (Ord. 2948 § 1 (part), 1986).
1.43.070 Time computation.
In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a city legal holiday. (Ord. 2948 § 1 (part), 1986).
1.43.080 Duties and powers.
The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to, the following land use matters:
A. Matters prescribed by the Yakima Urban Area Zoning Ordinance, Title 15, of this code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance;
B. Review of preliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations to the city council;
C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council pursuant to the provisions of this chapter;
D. Plat vacations or amendments pursuant to RCW Chapters 58.11, 58.12, or 58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council under the provisions of this chapter;
E. Pedestrian skybridge applications in the manner set forth in Section 11.60.040(F) of the city of Yakima Municipal Code and pedestrian skybridge permit violations as set out in Section 11.60.070 thereof;
F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21c, State Environmental Policy Act (SEPA), and Chapter 6.88 of the city of Yakima Municipal Code at the request of the city responsible official charged with responsibility for holding such a hearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official;
G. The examiner may, at the request of the city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits;
H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute recommendations to the city council;
Upon receipt of the examiner’s recommendation, the city council shall hold a public meeting and affirm or reject the examiner’s recommendation.
The city council shall conduct its own public hearing when it rejects the recommendation of the examiner or desires additional public testimony. The city council may also remand a matter back to the examiner for additional hearing when it rejects the recommendation or desires additional public testimony. Notice of any examiner hearing, shall be given in the manner set forth in RCW 35.79.020 and as may be amended. Such notice shall also contain the following statement:
The City Council shall decide whether or not to vacate the street or right-of-way which is the subject of this notice. The hearing examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner’s recommendation will be considered, leave your name and mailing address in writing with the representative of the Department of Community and Economic Development present at the examiner’s public hearing.
The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city of Yakima. (Ord. 93-91 § 1, 1993: Ord. 3257 § 1, 1990: Ord. 3224 § 1, 1989: Ord. 2948 § 1 (part), 1986).
1.43.090 Applications.
Applications for permits or approvals subject to review by the examiner shall be made to the city department of community and economic development (hereinafter referred to as the “department”). The department shall accept such applications only if applicable filing requirements are met. The department, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application. (Ord. 2948 § 1 (part), 1986).
1.43.100 Master applications.
Any persons proposing a development or project which requires more than one of the permits or approvals listed in Section 1.43.080 of this chapter may submit a master application to the department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute a recommendation to the legislative body, the decision of the examiner to all such permits shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be final subject to an appeal to the legislative body pursuant to this chapter. (Ord. 2948 § 1 (part), 1986).
1.43.110 Report of department.
Where no specific provision for a report of the department is contained in the statute or ordinance governing the application, the department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department’s findings and recommendations. At least seven calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon request. (Ord. 2948 § 1 (part), 1986).
1.43.120 Examiner’s decision.
Within ten working days of the conclusion of a hearing, unless longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in YMC 1.43.080 and 1.43.100 and the decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the Yakima city council is filed pursuant to YMC 1.43.140. The examiner’s decisions together with his findings, conclusions, and record of proceedings shall be filed with the department of community and economic development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body (Ord. 2948 § 1 (part), 1986).
1.43.130 Notice of examiner’s decision.
Unless different procedures are prescribed by the ordinance or statute governing the application, the department shall mail copies of the examiner’s decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days following the filing of a written decision by the examiner.
For purposes of this chapter “parties of record” means the applicant and all other persons who have either submitted written comment on any action or proposed action, or who have appeared at a public hearing or public meeting and specifically requested notice of the decision by signing a register provided for such purpose at the hearing or meeting. (Ord. 2948 § 1 (part), 1986).
1.43.140 Appeal from examiner’s decision.
Except as to those decisions which constitute recommendations to the council as provided in YMC 1.43.080 and 1.43.100, and except for appeals processed under the city of Yakima Municipal Code, Chapter 15.16, a final decision by the examiner may be appealed to the council by any person aggrieved, or by any officer, department, board, or bureau of the city affected by the examiners decision, in the following manner:
(a) The appealing party must file a complete written notice of appeal with the department upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of the examiner’s final decision.
(b) The notice of appeal shall specify the claimed error(s) and issue(s) which the council is asked to consider on appeal and shall specifically state all the grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the council.
(c) The department shall notify the parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written argument or memorandum to the council within fourteen days from the date that the notice to parties is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. A copy of the notice shall be sent to the appellant.
(d) The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the department. No written argument or authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, in its discretion and for cause, grant, without any prior notice to other parties of record, a fifteen-day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due. The city council may grant further extensions on a finding by the council of the existence of extenuating circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner.
(e) When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the department shall, within five days, deliver to the council, a copy of the examiner’s decision, the evidence presented to the examiner, an audio recording of the hearing before the examiner and any written argument or memorandum of authority which have been received. (Ord. 2001-78 § 1, 2001; Ord. 2948 § 1 (part), 1986).
1.43.150 Effect of appeal.
The timely filing of an appeal under this chapter shall stay the effective date of the examiner’s decision until the appeal is adjudicated by the council or until the appeal is withdrawn. (Ord. 2948 § 1 (part), 1986).
1.43.160 Council action on appeals.
(a) General. When the record and the examiners decision has been transmitted to the council, the clerk of the council shall schedule a date for a public meeting by the council at which time the council shall consider the appeal. The date of the public meeting should not be later than twenty days following the date the council receives the information from the department.
(b) Public Notice of Meeting on Appeals. The clerk of the council shall mail written notice to all parties of record and the examiner to apprise them of the meeting date before the council.
(c) Site Views. The council may view the site.
(d) Scope of Review. Council review of the facts shall be limited to evidence presented to the examiner. The council may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond to the material provided.
(e) Action on Appeal. At the public meeting the council may adopt, amend and adopt, reject, reverse, amend and reverse the findings, conclusions, and decision of the examiner or remand the matter for further consideration or for the purpose of taking and considering new factual evidence by the examiner. If the council renders a decision different from the decision of the examiner, the council shall adopt amended findings and conclusions accordingly. (Ord. 2948 § 1 (part), 1986).
1.43.170 Appeal of decisions made by council.
The action of the council on appeal of the decision of the examiner shall be final and conclusive unless, within thirty days from the date of final action, an aggrieved party obtains an appropriate writ of judicial review for the purpose of review of the action taken or files an appropriate appeal as allowed to by law. The appellant shall provide or pay for, in advance, the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceeding for purposes of review by the superior court. (Ord. 2948 § 1 (part), 1986).
1.43.180 Annual report.
The examiner shall report in writing to and meet with the city planning commission and city council at least annually for the purpose of reviewing the administration of the city’s land use policies and regulating ordinances. The report shall include a summary of the hearing examiner’s decisions since the prior report. (Ord. 2010-22 § 2, 2010: Ord. 2948 § 1 (part), 1986).