Chapter 2.18
HEARING EXAMINER

Sections:

2.18.010    Office created.

2.18.020    Appointment – Term.

2.18.030    Qualifications.

2.18.040    Compensation.

2.18.050    Examiner(s) pro tem – Qualifications and duties.

2.18.060    Freedom from improper influence.

2.18.070    Conflict of interest.

2.18.080    Meetings – Frequency.

2.18.090    Powers of the examiner.

2.18.120    Report of the planning and community development department.

2.18.180    Appeal from examiner’s decision.

2.18.240    Examiner’s report to planning and community development department.

2.18.250    Examiner’s building division, public works department coordination.

2.18.270    Repealed.

2.18.280    Public hearing – Record keeping.

2.18.360    Repealed.

2.18.010 Office created.

Pursuant to RCW 35.63.130, 58.17.330, and WAC 51-04-030, the office of land use hearing examiner, hereinafter referred to as “examiner,” is created. The examiner shall interpret, review and implement land use regulations as provided in this chapter or by other ordinances. Unless the context requires otherwise, the term “examiner,” as used in this chapter, shall include “examiner(s) pro tem.” (Ord. 792 § 1, 1998; Ord. 707 § 1, 1995).

2.18.020 Appointment – Term.

The examiner shall be appointed by the mayor for an initial one-year term and serve at the will of the mayor’s discretion. The mayor may also appoint the examiner(s) pro tem to serve in the event of the examiner’s absence for terms specified in writing, but which shall not exceed the term of the appointing mayor. Subsequent terms shall be for a period of four years. (Ord. 792 § 1, 1998; Ord. 707 § 2, 1995).

2.18.030 Qualifications.

The examiner and examiner pro tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner, or public administrator, with at least five years’ experience in planning work in a responsible capacity, and persons with legal experience in the area of land use management of administrative law. (Ord. 792 § 1, 1998; Ord. 707 § 3, 1995).

2.18.040 Compensation.

The city may contract with the examiner and examiner pro tem for the performance of duties described in this chapter. The total compensation to be paid the examiner and examiner pro tem shall not exceed that in the annual planning and community development department budget, or building department budget when appropriate. (Ord. 792 § 1, 1998; Ord. 707 § 4, 1995).

2.18.050 Examiner(s) pro tem – Qualifications and duties.

The examiner pro tem shall be subject to the same qualifications as the examiner, and shall have all the duties and powers of the examiner. (Ord. 792 § 1, 1998; Ord. 707 § 5, 1995).

2.18.060 Freedom from improper influence.

No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before the examiner, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of the examiner’s duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal services to the examiner upon request. (Ord. 792 § 1, 1998; Ord. 707 § 6, 1995).

2.18.070 Conflict of interest.

No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familial interest, or concerning which the examiner has had substantial prehearing contacts with proponents or opponents. No member of city council who has such an interest or has had such contacts shall participate in the consideration of an appeal from or a review of an examiner’s decision. (Ord. 792 § 1, 1998; Ord. 707 § 7, 1995).

2.18.080 Meetings – Frequency.

Meetings of the hearing examiner shall convene once a month, if necessary, or more frequently as need requires. (Ord. 792 § 1, 1998; Ord. 707 § 8, 1995).

2.18.090 Powers of the examiner.

A. The examiner shall receive and examine all available information, conduct public hearings, prepare a record thereof, consider the applicable permit criteria, and enter decisions or recommendations for the following matters in accordance with the procedural chapters here cited:

1. Issue final decision on all Type 3 permits;

2. Conduct the public hearing for all Type 4 permits and provide a recommendation to the city council, who then makes the final decision;

3. Hear appeals of actions of the director(s) in accordance with Chapter 14.120 BLMC; and

4. Hear appeals of notices of civil violation in accordance with Chapter 14.130 BLMC.

B. The examiner’s decision on permit applications 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 necessary to make the application compatible with its environment and carry out the objectives and goals of the comprehensive plan, the development code, and other codes and ordinances of the city of Bonney Lake and applicable state and federal laws. (Ord. 1505 § 7, 2015; Ord. 988 § 5, 2003; Ord. 792 § 1, 1998; Ord. 766 § 3, 1998; Ord. 707 § 9, 1995).

2.18.120 Report of the planning and community development department.

The planning and community development department shall coordinate and assemble the reviews of other city or county departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the department’s findings and recommendations. At least five working days prior to the scheduled hearing the report shall be filed with the examiner. (Ord. 988 § 5, 2003; Ord. 792 § 1, 1998; Ord. 707 § 12, 1995).

2.18.180 Appeal from examiner’s decision.

The decision of the examiner on a Type 3 permit application shall be final. Appeal of a hearing examiner’s decision shall be through the Land Use Petition Act (LUPA), Chapter 36.70C RCW. (Ord. 1505 § 8, 2015; Ord. 988 § 5, 2003; Ord. 792 § 1, 1998; Ord. 707 § 18, 1995).

2.18.240 Examiner’s report to planning and community development department.

The examiner shall report in writing to and meet with the planning and community development department at least annually for the purpose of reviewing the administration of the land use policies and regulatory ordinances. Such report shall include a summary of the examiner’s decisions and costs since the last report. The examiner may at any time, on the examiner’s own motion, request advice and counsel of the planning and community development department regarding interpretation of land use policies and regulations. (Ord. 792 § 1, 1998; Ord. 707 § 22, 1995).

2.18.250 Examiner’s building division, public works department coordination.

The examiner may at any time, on the examiner’s own motion, request advice and counsel of the building division regarding interpretation of building codes, policies and regulations. (Ord. 792 § 1, 1998; Ord. 707 § 22a, 1995).

2.18.270 Hearing examiner’s public hearing – Criteria for consideration.

Repealed by Ord. 1505. (Ord. 792 § 1, 1998; Ord. 707 § 24, 1995).

2.18.280 Public hearing – Record keeping.

All hearings shall be public. Records of the examiner shall be kept by the planning staff and shall be made available to the public upon request. The planning and community development department will provide a recording secretary or will subcontract secretary’s duties to the office of the hearing examiner. (Ord. 792 § 1, 1998; Ord. 707 § 25, 1995).

2.18.360 Resubmittal of application.

Repealed by Ord. 1505. (Ord. 792 § 1, 1998; Ord. 707 § 33, 1995).