Chapter 2.35


2.35.010    Creation of land use hearings examiner.

2.35.020    Appointment and terms.

2.35.030    Qualifications.

2.35.040    Removal.

2.35.050    Freedom from improper influence.

2.35.060    Conflict of interest.

2.35.070    Powers.

2.35.010 Creation of land use hearings examiner.

The office of the La Center land use hearings examiner (the examiner) is created. [Ord. 98-2 § 1(a)(2), 1998.]

2.35.020 Appointment and terms.

The city council of La Center (the council) may appoint one or more examiners for a one-year term, which shall extend automatically for subsequent one-year terms unless the council directs otherwise or the examiner is removed as provided herein. Such appointment may be by professional service contract. [Ord. 98-2 § 1(a)(2), 1998.]

2.35.030 Qualifications.

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in the government of the city of La Center. [Ord. 98-2 § 1(a)(2), 1998.]

2.35.040 Removal.

An examiner may be removed from office with or without cause by the affirmative vote of a majority of the council. [Ord. 98-2 § 1(a)(2), 1998.]

2.35.050 Freedom from improper influence.

No person, including city officials or employees, elective or appointive, shall attempt to influence an examiner, in any matter pending before him or her, except at a public hearing duly called for such purposes, or to interfere with an examiner in the performance of his or her duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal services to the examiner upon request or prohibit other persons or officials from responding in writing to requests for information from the examiner. [Ord. 98-2 § 1(a)(2), 1998.]

2.35.060 Conflict of interest.

No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familial interest, or concerning which the examiner has had substantial prehearing contacts with proponents or opponents. [Ord. 98-2 § 1(a)(2), 1998.]

2.35.070 Powers.

The examiner shall receive and examine available information, prescribe rules, conduct public hearings and administrative proceedings and prepare a record thereof, and enter final decisions, subject to appeal to the council as provided in Chapter 18.30 LCMC, on the following matters:

(1) Rezone applications and revisions or rescissions of agreements concomitant to rezones;

(2) Preliminary short plat and subdivision applications subject to regulation by the city of La Center; and

(3) All applications for permits or approvals subject to a Type III process under LCMC 18.30.100 and appeals of applications subject to a Type II process under LCMC 18.30.090; provided, the mayor or his or her designee may refer to the examiner any application subject to a Type II process under Chapter 18.30 LCMC for an initial decision. [Ord. 98-2 § 1(a)(2), 1998.]


Prior legislation: Ords. XII-8-1, 95-3.