Chapter 2.35


2.35.010    Hearing examiner position established – Appointment – Compensation.

2.35.020    Powers and duties.

2.35.030    Hearing examiner procedures.

2.35.010 Hearing examiner position established – Appointment – Compensation.

The city council creates the position of hearing examiner. The mayor shall appoint one or more qualified persons to fill this position, subject to approval of the city council via approval of a contract for services. (Ord. 08-10 § 2 (Exh. A), 2010; Ord. 10-09 § 2, 2009).

2.35.020 Powers and duties.

(1) The hearing examiner is responsible for conducting hearings on and adjudicating quasi-judicial cases involving a variety of complex land use and regulatory compliance issues, code enforcement appeals, and other issues which the city council may designate to the hearing examiner by ordinance. The hearing examiner shall issue decisions or recommendations based on relevant ordinances, regulations, policies, statutes, and other authorities.

(2) Duties. In addition to any other duty established by ordinance, the hearing examiner:

(a) Supervises and evaluates the work of employees as required.

(b) Develops procedural rules for the scheduling and conduct of hearings and related matters. Such rules shall be kept on file with the office of the city clerk.

(c) Reviews properties that are the subject of hearings to become familiar with the terrain and relationships to other properties.

(d) Receives and examines hearing-related documents, and reviews case files, city codes and policies, environmental impact statements, plot plans and topographical maps.

(e) Evaluates testimony and evidence, prepares records, enters final written findings, and imposes conditions to conform projects to city ordinances and land use policies.

(f) Maintains knowledge of current relevant state and city land use laws, policies and related state and federal court decisions.

(g) Prepares reports and correspondence to the mayor, city council, and planning commission as requested.

(h) Prepares and submits annual written reports to the mayor and city council, including how many hearings have been conducted, the final outcome of hearings, the time required to issue decisions and the cost of hearings.

(i) Meets with the mayor, city council, planning commission and staff as requested, to identify conflicts in the code.

(j) When necessary, recommends candidates for pro tem hearing examiner for approval by the mayor.(Ord. 14-22 § 5, 2022; Ord. 08-10 § 2 (Exh. A), 2010; Ord. 10-09 § 2, 2009).

2.35.030 Hearing examiner procedures.

The hearing examiner shall adopt hearing procedures in writing and make them available to the city and any hearing parties who request them. (Ord. 08-10 § 2 (Exh. A), 2010; Ord. 10-09 § 2, 2009).