Chapter 1.32
APPEALS

Sections:

1.32.010    Scope.

1.32.020    Procedures.

1.32.030    Fees.

1.32.040    Judicial appeal.

1.32.050    Procedural irregularity.

1.32.010 Scope.

The procedures set forth in this chapter shall be applicable to all appeals unless contrary provisions are specifically made. The procedures set forth in this chapter shall be in addition to any other procedures required. Land use appeals are processed and filed in accordance with IMC 18.04.250, Administrative appeals, Table 18.04.250-1: Table of Appeal Review, and IMC 18.05.100, Administrative appeal (for periodic review process for mineral resource sites). (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 2301 § 5, 2001; Ord. 1645 § 6, 1984).

1.32.020 Procedures.

A. A person must file a written notice of appeal within 10 days of the date of the decision being appealed. The notice of appeal shall state clearly the grounds for appeal. When City ordinance or state law requires preparation of a written decision, the date of decision is when the written decision is approved by the person, board or commission. In all other cases, the date of decision is the date a written “Notice of Action” is sent to the applicant and others entitled to notice.

B. The written notice must be filed with the person, board or commission authorized to hear such appeal within the time period set forth in subsection A of this section.

C. Upon timely receipt of such notice of appeal, and payment of the fee set forth in IMC 1.32.030, the person, board or agency shall set the matter for a public meeting unless the appeal is to the City Administrator.

D. Notice of the meeting shall be given to the appellant and the applicant or permit holder, if this person is not the appellant. In the case of an appeal to the City Administrator, notice that an appeal has been filed shall be given to the applicant or permit holder if this person is not the appellant.

E. The person, board or agency conducting the appeal shall render a decision based upon the record, including written materials and any tape recording or minutes of the previous proceedings, and on the criteria or standards applicable to the permit, license or action being considered. Nothing herein shall be deemed to require tape recording or other verbatim record. The person, board or agency conducting the appeal shall affirm the decision unless from a review of the record it is determined the decision being appealed was clearly erroneous.

Written findings and conclusions shall be prepared and adopted setting forth the facts and the reasoning for the decision.

The decision appealed may be affirmed, reversed, remanded or modified.

F. Any further appeal from any decision shall be to Superior Court as provided in IMC 1.32.040.

G. If a permit is granted, the City official administering the permit may allow the applicant to begin all or a portion of the construction or commence all or a portion of the operations during the pendency of any appeal; provided, however, that such construction or commencement of operations is begun at the applicant’s own risk. If the decision being appealed is reversed or modified, the applicant may be required to remove or alter any development inconsistent with the final decision and/or restore the environment to its pre-existing condition. (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 1786 § 1, 1988; Ord. 1765 § 1, 1987; Ord. 1645 § 6, 1984).

1.32.030 Fees.

A fee of $150.00 shall be imposed for filing any appeal except land use appeals. For fees for land use appeals, see IMC 3.64.010, Fees imposed. (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 1934 § 1, 1992; Ord. 1645 § 6, 1984).

1.32.040 Judicial appeal.

Appeal from the decision of the City board, commission or officer for which no other administrative appeal is provided, shall be to the King County Superior Court. An appropriate action must be served and filed within 14 days of the date of the decision. The costs of transcription of any record ordered to be certified by the court shall be borne by the appellant. (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 1645 § 6, 1984).

1.32.050 Procedural irregularity.

No procedural irregularity or informality in the notice, consideration, hearing or other matter relating to the decision and/or appeal shall affect the final decision, or any other action leading to the final decision, unless substantial rights of a person with demonstrable beneficial interests are adversely affected and unless objection to any procedural irregularity is made to the City at the earliest possible time after discovery. (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 1645 § 6, 1984).