Chapter 1.20
APPEALS OF CITY DECISIONS
Sections:
1.20.030 Appeals covered by state law and city ordinance – Specific provisions.
1.20.010 Appeal authorized.
Any appeal authorized by this code or city ordinance to be taken pursuant to this chapter shall be processed in accordance with this chapter, except to the extent provided otherwise in such code section or city ordinance. (Ord. 365 § 1(Exh. A)(part), 2009)
1.20.020 Appeal procedures.
The person, entity or firm appealing the decision shall do so in writing to the city clerk on forms provided by the city clerk. All such appeals shall be filed within ten business days from the date of the decision. A fee shall be tendered at the time of filing the appeal, which shall be in such amount as established pursuant to Chapter 3.04 BMC. The city clerk shall place the appeal on either of the next two regular meeting agendas of the city council for purposes of setting a hearing date for the city council to hear the appeal. The council, in its sole discretion, may opt to appoint a special hearing examiner to hear the appeal and make a final decision. At the conclusion of appeal proceedings the decision maker shall issue a decision. Any party may file with the city clerk, within ten business days of issuance of the decision, a motion for reconsideration. Reconsideration shall be allowed or denied at the sole discretion of the decision maker, but if the decision is reconsidered, it shall be on the grounds of new evidence that could not reasonably have been admitted in the original proceedings, an error in the proposed decision, or in the interests of justice, as determined by the decision maker. Reconsideration shall not require new hearings or proceedings unless ordered by the decision maker. A motion for reconsideration may be denied without oral argument and based upon written submittals only. The decision maker shall rule on any motion for reconsideration within fourteen business days after receipt of the motion. (Ord. 365 § 1(Exh. A)(part), 2009: Ord. 164.A § 1(part), 2002. Formerly 1.20.030)
1.20.030 Appeals covered by state law and city ordinance – Specific provisions.
Under this chapter, appeals shall not be allowed for any matter or proceeding where any other appeal or review procedure exists pursuant to state law, this code or city ordinance. By way of example, but without limitation, appeals regarding all matters related to the State Environmental Policy Act shall be considered in accordance with the requirements of Chapter 43.21C RCW and city ordinance. All matters heard and reviewed by the planning commission and city council, whether upon individual application or general legislative proceedings, shall be heard strictly in accordance with state law, this code and city ordinance procedures applicable to those proceedings, and not as an appeal under this chapter. (Ord. 365 § 1(Exh. A)(part), 2009: Ord. 164.A § 1(part), 2002. Formerly 1.20.040)
1.20.040 Judicial challenge.
Any person or entity claiming to be affected by any final decision under this chapter shall initiate a judicial challenge to such decision, after the decision has become final, by writ of certiorari only to the Snohomish County superior court, which shall be commenced within ten days after the date of the final decision; provided, that land use appeals shall be reviewed in accordance with the Land Use Petition Act, Chapter 36.70C RCW, of the state of Washington and the time limits set therein. (Ord. 365 § 1(Exh. A)(part), 2009: Ord. 164.A § 1(part), 2002. Formerly 1.20.050)