Chapter 19.07
APPEALS
Sections:
19.07.010 Standing to initiate an administrative appeal.
19.07.020 Administrative appeals of decisions.
19.07.010 Standing to initiate an administrative appeal.
A. Limited to Parties of Record. Only parties of record may file an administrative appeal.
B. Definition. The term “parties of record,” for the purposes of this chapter, shall mean:
1. The applicant;
2. The property owner (if different from the applicant);
3. Any person who testified at the open record public hearing on the application;
4. Any person who submitted written comments concerning the application (excluding persons who have only signed petitions or mechanically produced form letters). (Ord. 21-28 § 5 (Exh. A), 2021)
19.07.020 Administrative appeals of decisions.
A. Filing. Every administrative appeal to the hearing examiner shall be filed with the city within 14 days after the date of the decision of the matter being appealed. In computing the appeal period, the date the decision is filed is not counted. If the 14-day period ends on a weekend or a holiday, the following business day shall be the last day of the appeal period.
B. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the appropriate body.
C. Contents. The notice of appeal shall be on forms provided by the city and shall include:
1. A statement identifying the decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the matter;
3. The specific reason why the appellant believed the decision to be wrong, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision is wrong;
4. The specific desired outcome or changes to the decision; and
5. The appeal fee.
D. Upon receipt of a notice of appeal containing all information required in subsection C of this section, the city shall schedule an open record appeal hearing with the hearing examiner.
E. Administrative appeal hearings shall follow the open record public hearing process in EWMC 19.04.020. (Ord. 21-28 § 5 (Exh. A), 2021)
19.07.030 SEPA appeals.
A. 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 EWMC Title 18. It is not intended to create an independent cause of action unrelated to a specific governmental action.
B. Appeals of environmental determinations under SEPA cannot be considered as a standalone appeal. A SEPA appeal must be filed as an appeal of the land use permit final decision.
C. Appeals of environmental determinations under SEPA shall be commenced within the time required to appeal the governmental action which is subject to environmental review to superior court. There shall be no administrative appeal of a city action or failure to act with respect to environmental decisions under SEPA. (Ord. 21-28 § 5 (Exh. A), 2021)
19.07.040 Judicial appeals.
The city’s final decision on an application may be appealed by a party of record with standing by filing a land use petition in Douglas County superior court. Such petition must be filed within 21 days after issuance of the decision, as provided in Chapter 36.70C RCW. (Ord. 21-28 § 5 (Exh. A), 2021)