Chapter 2.46
HEARING EXAMINER
Sections:
2.46.030 Creation of the hearing examiner.
2.46.040 Appointment and term.
2.46.070 Examiner pro tempore – Duties.
2.46.080 Hearing examiner – Conflict of interest.
2.46.090 Freedom from improper influence.
2.46.100 Duties of the examiner – Applications and decisions.
2.46.120 Report by planning department.
2.46.140 Examiner’s decision and recommendations – Findings required.
2.46.150 Request for reconsideration.
2.46.160 Appeal of final decisions.
2.46.170 Hearing examiner’s recommendation.
2.46.190 Review of chapter by council.
2.46.010 Title.
This chapter shall be hereafter known as the “hearing examiner” chapter and may be cited as such and will be hereinafter referred to as “this chapter.” (Ord. 1291 § 2, 2011)
2.46.020 General objectives.
It is the general objective of this chapter to:
A. Provide a single, efficient, integrated, land use and quasi-judicial regulatory decision-making process and public hearing system;
B. Render land use and quasi-judicial regulatory decisions and recommendations to the city council;
C. Provide a greater degree of experience and consistency in land use and quasi-judicial regulatory decision-making and public hearings;
D. Separate land use policy formulation from land use policy administration processes. (Ord. 1291 § 2, 2011)
2.46.030 Creation of the hearing examiner.
The office of the hearing examiner, hereinafter referred to as “examiner,” is hereby created. The examiner shall interpret, review, and apply land use regulations, ordinances and statutes, to applications and matters assigned by city ordinance or as may otherwise be assigned, delegated and/or referred to the examiner by city council. The term “examiner” shall include the examiner pro tem. (Ord. 1291 § 2, 2011)
2.46.040 Appointment and term.
The hearing examiner shall be appointed by the mayor and be subject to confirmation by the city council. In the event that the appointed examiner is unable to perform the duties of office for whatever reason, or in the event of a vacancy in office, the mayor shall appoint an examiner pro tem who shall have the authorities herein provided. The examiner shall serve an indefinite term but shall be evaluated by the mayor on an annual basis. (Ord. 1291 § 2, 2011)
2.46.050 Removal.
The examiner or the examiner pro tem may be removed from office without cause at any time by the mayor. (Ord. 1291 § 2, 2011)
2.46.060 Qualifications.
The examiner and the examiner pro tem shall be appointed based upon their qualifications for the duties of the office which shall include, but not be limited to, educational and land use experience and training, knowledge of land use law and processes and familiarity with public administration and processes. Wherever feasible, the mayor shall endeavor to appoint qualified candidates who reside in the Yakima County area. Examiners shall hold no other elective or appointive office or position with the city of Zillah. (Ord. 1291 § 2, 2011)
2.46.070 Examiner pro tempore – Duties.
The examiner pro tem, in the event of the absence or inability of the examiner to act, shall have all the duties and powers of the examiner. (Ord. 1291 § 2, 2011)
2.46.080 Hearing examiner – Conflict of interest.1
The examiner shall not conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect personal interest which might reasonably appear to influence or interfere with his/her decision-making process. Any actual or potential conflict of interest shall be disclosed by the hearing examiner to the parties immediately upon discovery of such conflict. If such conflict of interest impairs the examiner’s ability to act on the matter, the hearing examiner shall so state and shall recuse himself from the proceeding unless all parties agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner must abstain, the mayor shall be notified and the mayor shall appoint a hearing examiner pro tem to sit in the hearing examiner’s stead. (Ord. 1291 § 2, 2011)
2.46.090 Freedom from improper influence.
No council member, city official, or any other person shall attempt to interfere with, or improperly influence the examiner or examiner pro tempore in the performance of his/her designated duties. (Ord. 1291 § 2, 2011)
2.46.100 Duties of the examiner – Applications and decisions.
The examiner shall hear, make a record of, and decide/recommend matters provided in this chapter or by other ordinances, including, but not limited to, the following:
A. Hearing examiner shall have such authority as authorized to “planning commission” for review, process and decision-making with respect to land use applications and quasi-judicial procedures more particularly set forth in ZMC 17.06.020. References to “planning commission” shall mean hearing examiner unless otherwise directed by city council.
B. Hearing examiner shall serve as the initial appellate body for review of Class 1 applications subject to review procedures of ZMC 17.06.030.
C. Hearing examiner is designated as decision-maker for review of Class 2 land use applications and shall process such applications pursuant to procedures of ZMC 17.06.040.
D. Hearing examiner shall review and make recommendations on Class 3 applications pursuant to procedures set forth in ZMC 17.06.050.
E. Hearing examiner may consider such additional matters as may be assigned by city council from time to time.
For cases and actions as prescribed by ordinance, the examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts, and a decision. As provided by ordinance, such decision may be a recommendation or a final action subject to appeal as provided by ordinance. (Ord. 1291 § 2, 2011)
2.46.110 Applications.
Applications requiring a determination by the hearing examiner shall be filed with the planning department.
A. Within 28 days of receipt of an application the planning department shall determine whether the application is complete. If complete, the application shall be accepted. If not complete, the planning department shall request that the applicant provide additional information as necessary to complete the application. Where applicable, this process shall meet the requirements for completion as set forth in ZMC Title 17.
B. The applicant shall be advised of the date of acceptance of the application and of the environmental determination, if one is made. The applicant shall be advised of the date of any public hearing at least 10 calendar days prior to the hearing. If, pursuant to ZMC Title 17, an open record predecision hearing is required and the threshold determination requires public notice pursuant to Chapter 17.06 ZMC, then the threshold determination shall be issued at least 15 days prior to the open record predecision hearing. (Ord. 1291 § 2, 2011)
2.46.120 Report by planning department.
When such application has been set for public hearing, if required, the planning department shall coordinate and assemble the comments and recommendations of other city departments and other governmental agencies having an interest in the subject application and shall prepare a report summarizing the issues involved, planning department findings of fact, recommended conditions and/or recommended action. This report shall be transmitted to the examiner at least four calendar days prior to the scheduled hearing. Copies of this report shall be mailed to the applicant prior to the hearing and shall be made available to the public for the cost of reproduction prior to the scheduled hearing. (Ord. 1291 § 2, 2011)
2.46.130 Public hearing.
A. Before rendering a decision or recommendation on any application for which a public hearing is required, the examiner shall hold a public hearing thereon. Unless otherwise required by the Zillah Municipal Code, all hearings conducted by the examiner shall be open record hearings. Notice of the place and time of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given in accordance with ZMC 17.06.100.
B. The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter subject to review by the city council and to administer oaths and preserve order.
C. At the close of the testimony the examiner may close the public hearing, continue the hearing to a time and date certain, or close the public hearing pending the submission of additional information on or before a date certain.
D. Until a final action on the application is taken, the examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record.
E. If a project consists of different actions which require separate hearings to be held for each action, one consolidated hearing shall be held as required by ZMC Title 17. (Ord. 1291 § 2, 2011)
2.46.140 Examiner’s decision and recommendations – Findings required.
A. Unless the time is extended pursuant to this section, within 10 business days of the conclusion of a hearing, or the date set for submission of additional information pursuant to this chapter, the examiner shall render a written decision, including findings from the record and conclusions therefor, and shall transmit a copy of such decision by electronic means to the designated person or via regular mail, postage prepaid, to the applicant and other parties of record in the case who have requested notice of the decision at the public hearing. The person mailing the decision shall prepare an affidavit of mailing, in standard form, and the affidavit shall become a part of the record of the proceeding. In the case of applications requiring city council approval, the examiner shall transmit his decision to the city council via planning staff at city.
B. In extraordinary cases, the time period for filing of the recommendation or the decision of the examiner may be extended for not more than 20 calendar days after the conclusion of the hearing if the examiner finds that the amount and the nature of the evidence to be considered, or receipt of additional information which cannot be made available within the normal decision period, requires the extension. Notice of the extension, stating the reasons therefor, shall be sent to all parties of record in the manner set forth in this section for notification of the examiner’s decision.
C. Conditions. The examiner’s recommendation or decision may be to grant or deny the application, or the examiner may require of the applicant such conditions, modifications and restrictions as the examiner finds reasonable or necessary to address ordinance or application requirements, address significant environmental impacts and/or carry out the goals and objectives of the comprehensive plan, zoning ordinance, or other codes and ordinances of the city of Zillah. Conditions, modifications and restrictions which may be imposed shall be based only on applicable local or state laws and regulations applying to the subject application or permit. Performance bonds may be required to insure compliance with the conditions, modifications and restrictions.
D. Termination of Decision. The city declares that circumstances surrounding land use decisions change rapidly over a period of time. In order to assure the compatibility of a decision with current needs and concerns, any such decision shall be limited in duration, unless the action or improvements authorized by the decision is implemented promptly. Any application, except a rezone, approved pursuant to this chapter shall be implemented within two years of such approval unless other time limits are prescribed elsewhere. Any application which is not so implemented shall terminate at the conclusion of that period of time and become null and void. The examiner may grant one extension of time for a maximum of one year for good cause shown. The burden of justification shall rest with the applicant. For large-scale or phased projects the examiner may at the time of approval or recommendation set forth time limits for expiration which exceed those prescribed in this section for such extended time limits as are justified by the record of the action. (Ord. 1532 § 2, 2021; Ord. 1474-A § 2, 2018; Ord. 1291 § 2, 2011)
2.46.150 Request for reconsideration.
The planning official or an interested party with standing by the final decision or recommendation of the examiner who asserts that the hearing examiner based that recommendation or decision on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the examiner within seven calendar days after the written decision of the examiner has been issued. The request for reconsideration shall set forth the specific errors relied upon by such appellant, and the examiner may, after review of the record, take further action as the examiner deems proper. The examiner may request further information which shall be provided within 10 calendar days of the examiner’s request. The examiner’s written decision on the request for reconsideration shall be transmitted to all parties of record within 10 calendar days of receipt of the request for reconsideration or receipt of the additional information requested, whichever is later. (Ord. 1291 § 2, 2011)
2.46.160 Appeal of final decisions.
The planning official or any interested party with standing by the examiner’s written final decision may appeal the decision to the Zillah city council in accordance with applicable ordinance and procedures. (Ord. 1291 § 2, 2011)
2.46.170 Hearing examiner’s recommendation.
A. For actions requiring the hearing examiner’s recommendation as provided by ordinance, the examiner’s recommendation shall be forwarded to the city council within 10 calendar days of the examiner’s decision. The recommendation shall be placed on the next available agenda of the city council. The city council upon its review of the record may:
1. Affirm the recommendation; or
2. Deny the recommendation; or
3. Remand the recommendation to the hearing examiner for further consideration or process.
B. Any aggrieved person may request the city council to conduct its own closed record hearing. Upon its own closed record hearing the city council may affirm, reject, or modify the hearing examiner’s recommendation or take whatever action it deems appropriate pursuant to law. (Ord. 1291 § 2, 2011)
2.46.180 Council action.
A. Any application requiring action by the city council shall be taken by the adoption of a motion, resolution or ordinance by the city council. When taking any such final action, the city council shall make and enter findings of fact from the record and conclusions therefor which support its action. The city council may adopt all or portions of the findings and conclusions from the hearing examiner’s recommendation.
B. In the case of an ordinance for rezone of property, the ordinance shall not be placed on the city council’s agenda until all conditions, restrictions or modifications that may have been stipulated by the city council have been accomplished or provisions for compliance made to the satisfaction of the legal department.
C. The action of the city council, approving, modifying, or rejecting a recommendation of the hearing examiner shall be final and conclusive. Appellants have 15 calendar days from the date of city council action to file for reconsideration before the city council. If the decision has not changed, the appellants have 21 calendar days from the date of the final city council action to file an appeal with the superior court. (Ord. 1291 § 2, 2011)
2.46.190 Review of chapter by council.
The city council may on an annual basis review the content and effect of this chapter on the city of Zillah and its citizens. The method of review may include a public hearing open to all interested citizens. The council after review and consideration shall at that time decide to modify, repeal, or retain all of or part of this chapter. (Ord. 1291 § 2, 2011)
State law reference: Conflict of interest for planning agency, RCW 35A.63.020.