Chapter 20.32
APPEALS
Sections:
20.32.020 Contents of the appeal.
20.32.010 Purpose.
(1) The purpose of this chapter is to identify administrative appeal procedures for city decisions after the decision is final.
(2) Applicants or other parties of interest who may be aggrieved by a decision are authorized to appeal decisions.
(3) Appeals of hearing examiner decisions on shoreline permits shall follow the processes identified in RCW 90.58.180 and WAC 173-27-100 and contain the information required in BMC 20.32.020. (Ord. 13-19 § 2, 2019).
20.32.020 Contents of the appeal.
The appeal shall be in writing and contain a concise statement identifying:
(1) The decision being appealed (file name, file number);
(2) The name and address of the appellant and his/her interest(s) in the matter;
(3) The specific reasons why the appellant believes the decision to be wrong. The appellant bears the burden to prove the decision wrong;
(4) The desired outcome or changes to the decision; and
(5) The appeal fee. (Ord. 13-19 § 2, 2019).
20.32.030 Filing.
(1) The filing and content requirements of appeals subject to city review in this chapter shall be considered jurisdictional. Failure to strictly comply with filing and content requirements shall result in dismissal of the appeal.
(2) The appeal shall be delivered to the planning department by mail or personal delivery, and must be received no later than 4:00 p.m. on the last business day of the appeal period, with the required appeal fee.
(3) BMC 20.08.030 Table 1 identifies final decisions appealable to superior court. In lieu of superior court, some appeals of final decisions are required by state law to be filed in other forums. The appellant bears the responsibility of filing an appeal in the proper forum and no assurances are made as to the accuracy of the forums designated by this title. (Ord. 13-19 § 2, 2019).
20.32.040 Appeal procedures.
Notices for non-judicial appeal hearings shall be published in the newspaper, posted in the city’s official posting places, and delivered to the appellant, applicant and all parties of record no less than 15 days before the appeal hearing is to be scheduled.
(1) Appeals shall be conducted in accordance with the rules of procedure of the designated hearing body and shall serve to provide argument and guidance for the hearing body’s decision.
(2) Administrative interpretations and administrative decisions may be appealed to the appeal authority designated in BMC 20.08.030, Table 1, by applicants or parties of record within 14 days from the date of the decision.
(3) Administrative appeals shall be limited to the grounds for appeal identified in the filed appeal.
(4) Parties to an appeal shall be limited to the appellant, applicant and city unless intervention for good cause is authorized by the review authority. (Ord. 13-19 § 2, 2019).
20.32.050 Appeal decisions.
The decision following an appeal hearing shall include one of the following actions:
(1) Grant the appeal in whole or in part.
(2) Deny the appeal in whole or in part.
(3) Remand for further review. (Ord. 13-19 § 2, 2019).