Chapter 14.12


14.12.005    Appeals.

14.12.010    Administrative appeals.

14.12.020    Judicial appeals.

14.12.030    SEPA appeals.

14.12.040    Reconsideration.

14.12.005 Appeals.

(1) An appeal of an administrative decision shall be timely filed with the department, pursuant to Section 14.12.010, by the applicant or any party of record. The administrative appeal shall be heard as an open record appeal by the hearing examiner at a public hearing.

(2) An appeal of a final legislative decision or final quasi-judicial decision of the board of county commissioners shall be timely filed as a judicial appeal pursuant to Section 14.12.020.

(3) An appeal of the final decision of the hearing examiner shall be timely filed as a judicial appeal.

(4) The county shall have no obligation to the applicant or any party to defend an appeal from a decision of the department, hearing examiner, planning commission or the board of county commissioners. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2003-98 (part), 7/22/03: Res. 2000-126 (part), 10/17/00).

14.12.010 Administrative appeals.

(1) An administrative appeal to the hearing examiner shall be filed with the department within ten working days of the issuance of the decision appealed, together with the applicable appeal fee.

(2) The notice of appeal shall contain a concise statement identifying:

(A) The decision being appealed;

(B) The name and address of the appellant and his/her interest(s) in the application or proposed development;

(C) The specific reasons why the appellant believes the decision to be erroneous, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall have the burden of proving the decision is erroneous;

(D) The specific relief sought by the appellant;

(E) The appeal fee. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2003-98 (part), 7/22/03: Res. 2000-126 (part), 10/17/00).

14.12.020 Judicial appeals.

(1) Appeals of a final action of the county with respect to an application for which all administrative appeals specifically authorized have been timely exhausted shall be filed in the superior court and served on all necessary parties as follows:

(A) Within twenty-one days after the date of issuance of the notice of final decision, pursuant to Chapter 36.70C RCW, et seq.;

(i) Exempted shoreline decisions, listed under RCW 36.70C.030, are not subject to the judicial appeal process but may request a reconsideration pursuant to Section 14.12.040.

(B) Within sixty days after the date of issuance of the notice of final decision or legislative adoption pursuant to Chapter 36.70A RCW, et seq.

(2) In addition to all other applicable law related to service, notice of the appeal and any other pleadings required to be filed with the superior court shall be served on the Chelan County prosecuting attorney and the director of community development within the statutorily applicable time period.

(3) The appellant shall arrange for transcription of any hearings held on the application and file all transcripts. All costs of transcription and preparing the record on appeal shall be paid by the appellant. The appellant shall, prior to the department’s preparation of the record, pay an advance deposit to the department in an amount determined by the department’s fee schedule for copying materials. The fee schedule shall represent the department’s reasonable costs of duplicating the record. Any excess advance deposit shall be promptly refunded to the appellant. (Res. 2014-100 (Atts. A, B) (part), 10/7/14; Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).

14.12.030 SEPA appeals.

(1) A major purpose of this title is to combine environmental considerations with public decisions. Therefore, any appeal brought under the State Environmental Policy Act (SEPA) shall be linked to a specific governmental action. SEPA provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of Chapter 43.21C RCW, Chapter 197-11 WAC and Title 13 of the Chelan County Code. It is not intended to create an independent cause of action unrelated to a specific governmental action.

(2) Appeals under SEPA shall be taken from the land use permit decision of the county, together with its accompanying environmental determinations. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).

14.12.040 Reconsideration.

Any aggrieved party or agency that believes the decision of the hearing examiner is unsound based upon errors in procedure, law, interpretation of adopted policy, fact, judgment, or the discovery of new factual evidence which, by due diligence, could not have been found prior to the hearing examiner’s hearing, may make a written request for reconsideration by the hearing examiner within ten working days of the filing of the written record of decision. The request for reconsideration shall be submitted to the community development department on forms provided by the department. Reconsideration of the decisions is wholly within the discretion of the hearing examiner. If the hearing examiner chooses to reconsider, the examiner may take such further action deemed proper and may render a revised decision within five working days after the date of filing of the request for reconsideration. A request for reconsideration is not a prerequisite to filing an appeal pursuant to this title. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07).