Chapter 2.15
HEARING EXAMINER

Sections:

2.15.010    Appointment.

2.15.020    Hearing examiner pro tempore.

2.15.030    Powers and authority.

2.15.040    Jurisdiction.

2.15.050    Applications to the hearing examiner.

2.15.060    Notices.

2.15.070    Hearings.

2.15.080    Findings and decision.

2.15.090    Appeals.

2.15.010 Appointment.

The position of hearing examiner is hereby established. The mayor shall have the power to appoint an individual necessary to fulfill the function of hearing examiner for the city, subject to the prior confirmation of the appointee by the city council, and subject further to the execution of an agreement between the city and the appointee providing for the terms of the appointment including compensation. The appointment of the hearing examiner by the mayor, as approved by the city council, shall be for a period of one year commencing with the date of appointment. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.020 Hearing examiner pro tempore.

The mayor may appoint one or more hearing examiner pro tempore to serve in absence of the hearing examiner, if the absence is the result of the hearing examiner having a conflict of interest in any specific matter. Appointment of a hearing examiner pro tempore does not require prior council confirmation. A hearing examiner pro tempore shall have all of the power and authority of the hearing examiner as set forth in this chapter and this code. Compensation for a hearing examiner pro tempore shall be established by the mayor and consistent with the compensation of the hearing examiner. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.030 Powers and authority.

A. The hearing examiner shall have the power and authority as set forth in this code, including but not limited to the power and authority heretofore exercising by and afforded to the city board of adjustment. Whenever in this code a reference is made to “board of adjustment” or “board of appeals,” that shall be and mean a reference to the hearing examiner.

B. Notwithstanding the generality of the previous section, the hearing examiner shall hear and make final decision on all matters coming before the hearing examiner, including without limitation conditional use permits, variances, appeals of administrative decisions or determinations relating to city development regulations or zoning provisions; and such other matters assigned to be heard by the hearing examiner, board of adjustment or board of appeals by ordinances of the city or this code as the same presently exist or as may hereafter be adopted or amended by the city.

C. The hearing examiner shall consider and make recommendations to the city council regarding major subdivisions, binding site plans and planned developments. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.040 Jurisdiction.

A. The general and specific powers and authority of the hearing examiner shall be subject to all applicable ordinances of the city and this code. All orders, recommendations, permits, decisions or determinations made by the hearing examiner shall be consistent with city ordinance and Chelan Municipal Code provisions.

B. The hearing examiner shall not rehear any case on the same grounds within a period of one year following the date of the hearing examiner’s initial decision. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.050 Applications to the hearing examiner.

Applicants to be heard by the hearing examiner shall make application on forms provided by the department of planning and community development and shall supply such information as the hearing examiner may require. The application shall be accompanied by any applicable filing fee related to the process being pursued by the applicant. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.060 Notices.

The department of planning and community development shall provide all notices required by state law or city ordinance or this code for matters coming before the hearing examiner and comply with all applicable requirements for the posting of notices on any property involved in an application before the hearing examiner. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.070 Hearings.

A. The hearing examiner shall hold hearings to consider matters on the third Monday of each month and at such other times as are specially set by the hearing examiner.

B. All official action of the hearing examiner shall be subject to applicable notices and shall be conducted at a public hearing at an open public meeting, pursuant to the rules and procedures established by the hearing examiner. Any interested person may appear and be heard subject to the rules and procedures adopted by the hearing examiner. Attendance at hearings by city officials may be compelled by the hearing examiner. The applicant, opponents, and proponents may submit written materials for consideration by the hearing examiner, provided the materials are submitted prior to the close of the receipt of public comment at the public hearing.

C. The hearing examiner may continue a hearing in the event the hearing examiner deems that a continuance is necessary. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.080 Findings and decision.

Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city comprehensive plan and the city development regulations. Each final decision of the hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).

2.15.090 Appeals.

An appeal from a decision of the hearing examiner must be filed in Chelan County superior court and served on all appropriate parties within twenty-one days following the issuance of the written decision of the hearing examiner, unless another provision of this code, a city ordinance, or state law specifically provides that the appeal should be filed somewhere other than in Chelan County superior court, in which case the other specifically stated timeframe within which the appeal must be filed and the place where the appeal must be filed shall apply. (Ord. 1319 § 1(B) (Exh. A (part)), 2006).