Chapter 14.11
APPEALS

Sections:

14.11.010    Appeal of administrative interpretations and approvals.

14.11.020    Appeal to the city council.

14.11.030    Judicial appeal.

14.11.010 Appeal of administrative interpretations and approvals.

Administrative interpretations and administrative approvals may be appealed, by applicants or parties of record, to the city council. (Ord. 1450 § 1, 1996).

14.11.020 Appeal to the city council.

A. Filing. Every appeal to the city council shall be filed with the city clerk within 14 days after the date of the decision of the matter being appealed and must include an appeal fee of $150.00, except that the local government shall extend the appeal period for an additional seven days if state or local rules adopted pursuant to Chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision.

B. Contents. The notice of appeal shall contain a concise statement identifying:

1. The decision being appealed;

2. The name and address of the appellant and his interest(s) in the matter;

3. The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;

4. The desired outcome or changes to the decision. (Ord. 1519 § 1, 1998; Ord. 1450 § 1, 1996).

14.11.030 Judicial appeal.

A. Appeals from the final decision of the city council, planning commission, or board of appeals, hearing examiner, or other city board or body involving GMC Titles 14 through 18 and for which all other appeals specifically authorized have been timely exhausted, shall be made to Yakima County superior court within 21 days of the date the decision or action became final, unless another time period is established by state law or local ordinance.

B. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the city clerk or mayor within the applicable time period. This requirement is jurisdictional.

C. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant. (Ord. 1703 § 9, 2005; Ord. 1450 § 1, 1996).