Chapter 19.34
CLOSED RECORD DECISIONS AND APPEALS

Sections:

19.34.010    Appeals of decisions.

19.34.020    Consolidated appeals.

19.34.040    Perfecting a nonjudicial appeal.

19.34.050    Procedure for nonjudicial appeal.

19.34.060    Perfecting judicial appeals.

19.34.010 Appeals of decisions.

Decisions may be appealed as provided in the framework in Section 19.18.010. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.06.010).

19.34.020 Consolidated appeals.

A. All appeals of project permit application decisions, other than an appeal of determination of significance, shall be considered together in a consolidated appeal.

B. Appeals of environmental determinations under SEPA, Chapter 14.10, shall proceed as provided in that chapter. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.06.020).

19.34.040 Perfecting a nonjudicial appeal.

Appeals other than judicial appeals shall be governed by the following:

A. Standing. Only parties of record have standing to appeal a decision.

B. Time to File. A notice of appeal must be filed with the administrator within fourteen calendar days following issuance of the decision by mail, personal delivery or by fax before five p.m. on the last business day of the appeal period.

C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the code as a legal holiday, then it also is excluded and the filing must be completed on the next city business day.

D. Content of Notice of Appeal. Notices of appeal shall be in writing, be accompanied by an appeal fee as set by council ordinance or resolution, and contain the following information:

1. Appellant’s name, address and phone number;

2. Appellant’s statement describing his or her standing to appeal;

3. Identification of the application which is the subject of the appeal;

4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;

5. The relief sought, including the specific nature and extent;

6. A statement that the appellant has read the appeal and believes the contents to be true, following by the appellant’s signature.

E. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated or withdrawn.

F. Notice of Appeal. The administrator shall provide public notice of the appeal as provided in Section 19.22.030(B)(2). (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.06.040).

19.34.050 Procedure for nonjudicial appeal.

A. The hearing examiner shall follow the process for open record hearings as set out in Sections 19.30.040, 19.30.050, 19.30.060, 19.30.070, 19.30.080(A) through (D), and 19.30.090(A).

B. The closed record appeal/decision hearing shall be on the record before the hearing examiner and no new evidence may be presented. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.06.050).

19.34.060 Perfecting judicial appeals.

Judicial appeals shall be by a land use petition filed with the Chelan County superior court within twenty-one days, as provided in Chapter 36.70C RCW as it now exists or as may be hereafter amended. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.06.060).