Chapter 2.20
APPEALS
Sections:
2.20.010 Conflicting appeal processes superseded and repealed.
2.20.020 Appeal of director’s decision.
2.20.030 Appeal of hearing examiner decision on applications.
2.20.040 Appeal of hearing examiner decision on appeals.
2.20.050 Appeal of city council decision.
2.20.060 Notice of appeal contents.
2.20.090 Enforcement stayed pending appeal – Emergencies.
2.20.010 Conflicting appeal processes superseded and repealed.
Unless the context clearly requires otherwise, the provisions of this chapter shall control all appeals of the decisions of staff, the hearing examiner, and the city council. Inconsistent appeal provisions contained in any other ordinance, including laws adopted by reference therein, are hereby superseded and repealed. Such other appeal provisions include but are not limited to:
(1) The appeal provisions contained at sections 15 E., 595, and 601 of the Interim Zoning Code as adopted by Ordinance No. 28, codified in BMC Title 18;
(2) The appeal provisions contained at sections 53 and 72 of the Subdivision Code as adopted by Ordinance No. 29, codified in BMC Title 17;
(3) The appeal provisions for special activity permits as adopted by Ordinance 042 and amended by Ordinance No. 51, codified in Chapter 12.10 BMC;
(4) The appeal provisions for business licenses and regulations as adopted by Ordinance No. 30, codified in BMC Title 5;
(5) The appeal provisions contained in the building code, fire code, plumbing code, and other laws as adopted by Ordinance No. 14, codified in BMC Titles 8 and 15;
(6) The appeal provisions regarding trail use permits as adopted by Ordinance No. 49 codified in Chapter 12.20 BMC; and
(7) Appeals of decisions based on King County codes adopted by reference shall be done in accordance with the appeals process defined herein.
The appeals provisions set forth in BMC Title 19 shall not be superseded by the appeals provisions in this title. [Ord. 312 § 4, 2000; Ord. 60 § 1, 1993]
2.20.020 Appeal of director’s decision.
The hearing examiner is designated to hear appeals by parties of record of a decision of the director of the department of community development on those matters specified at BMC 2.15.070. Decisions of the director shall be final and conclusive unless within 10 days of the date of decision, a party of record files a notice of appeal with the city clerk. [Ord. 312 § 5, 2000; Ord. 60 § 2, 1993]
2.20.030 Appeal of hearing examiner decision on applications.
Decisions of the hearing examiner on an application shall be final and conclusive unless within 10 days from the date of issuance of the examiner’s decision, a party of record files a notice of appeal with the city clerk. [Ord. 312 § 6, 2000; Ord. 60 § 3, 1993]
2.20.040 Appeal of hearing examiner decision on appeals.
Decisions of the hearing examiner on an appeal shall be final and conclusive unless within 20 days from the date of the examiner’s decision, an aggrieved person applies to the King County superior court for a writ of review. [Ord. 60 § 4, 1993]
2.20.050 Appeal of city council decision.
Decisions of the city council shall be final and conclusive unless within 14 calendar days from the date of the council’s final action, an aggrieved person applies to the King County superior court for a writ of review. [Ord. 60 § 5, 1993]
2.20.060 Notice of appeal contents.
All appeals shall be in writing and contain the following:
(1) A heading in the words: “Before the Hearing Examiner, or City Council”, whichever is appropriate.
(2) A caption reading: “Appeal of ______” giving the names of all appellants participating in the appeal;
(3) A brief statement setting forth the legal interest of each of the appellants;
(4) A brief statement in concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;
(5) A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed, modified or otherwise set aside;
(6) The signatures of all parties named as appellants, and their official mailing addresses;
(7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. [Ord. 60 § 6, 1993]
2.20.070 Appeal hearing.
(1) Within 10 days of receiving the written appeal, the city clerk, shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed. Written notice of the date of the hearing shall be provided to each appellant by mailing such notice by first class mail, postage prepaid, to the appellant at the address shown on the notice of appeal.
(2) At the hearing the appellant shall be entitled to appear in person and be represented by counsel, and to offer evidence pertinent and material to those matters or issues specifically raised by the appellant in the written notice of appeal. [Ord. 60 § 7, 1993]
2.20.080 Waiver.
Failure of any person timely to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of such person’s right to any administrative hearing and adjudication of the decision, or any portion thereof. [Ord. 60 § 8, 1993]
2.20.090 Enforcement stayed pending appeal – Emergencies.
Enforcement of any decision of the director/hearing examiner shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, unless the city manager determines that an emergency exists which poses a substantial threat to the public health, safety, or welfare. [Ord. 60 § 10, 1993]