Chapter 1.20
HEARING EXAMINER SYSTEM
Sections:
1.20.030 Appointment and terms.
1.20.070 Freedom from improper influence.
1.20.090 Decisions of the Examiner.
1.20.010 Purpose.
The purpose of this chapter is to establish a hearing examiner system under the provisions of Chapter 35A.63 RCW to hear and decide certain land use applications and other matters as specifically assigned by ordinance. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 1)
1.20.020 Office created.
The office of Hearing Examiner is hereby created to act on behalf of the City Council by considering and applying zoning and regulatory ordinances to the land as provided herein. The Examiner shall also exercise administrative powers and such other quasi-judicial powers as may be granted by ordinance. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 2)
1.20.030 Appointment and terms.
The Examiner shall be appointed by the City Manager, subject to confirmation by the Council, to serve for a term of two (2) years. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 3)
1.20.040 Removal.
The Examiner may be removed from office at any time for just cause by the affirmative vote of a majority of the whole membership of the Council. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 4)
1.20.050 Qualifications.
The Examiner shall be appointed solely on the basis of qualifications for the duties of the office with special reference to training, actual experience in, and knowledge of administrative or quasi-judicial hearings on zoning, subdivision and other land use regulatory enactments as may be granted by ordinance. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 5)
1.20.060 Examiner pro tem.
In the event of the absence or the inability of the Examiner to act on an application, a Hearing Examiner pro tem may be appointed, in the manner specified in SMC 1.20.030, for such application or period of absence, and shall have all the duties and powers of the Examiner. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 6)
1.20.070 Freedom from improper influence.
Individual Councilmembers, City officials or any other persons shall not interfere or attempt to interfere with the performance of the Examiner’s designated duties. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 7)
1.20.080 Power and authority.
A. The Examiner shall have the exclusive authority to hold public hearings and make recommendations and decisions on all applications, permits, approvals, or appeals as provided for in the SMC. Unless otherwise specified in the SMC, all appeals shall be governed by the process set forth in Chapter 16A.17 SMC.
B. The Examiner shall have the power and authority to:
1. Receive and examine available information;
2. Conduct hearings in accordance with SMC Title 16A, Chapter 42.32 RCW and all other applicable law, and to prepare a record thereof;
3. Administer oaths and affirmations;
4. Issue subpoenas and examine witnesses; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law;
5. Regulate the course of the hearing;
6. Make and enter written findings of fact and conclusions to support his or her decisions;
7. At the Examiner’s discretion, hold conferences for the simplification of the issues;
8. Conduct discovery;
9. Dispose of procedural requests or similar matters;
10. Take official notice of matters of law or material facts;
11. Issue summary orders in supplementary proceedings;
12. Dismiss an appeal or take other appropriate action when the Examiner determines that he/she has no jurisdiction, the appeal is completely without merit, or where a party or representative fails to appear at a hearing;
13. Take any other action authorized by or necessary to carry out this chapter; and
14. Adopt rules of procedure.
C. The above authority may be exercised on all matters for which jurisdiction is assigned to the Examiner by City ordinance, code or other legal action of the City Council. The nature of the Examiner’s decision shall be as specified in this chapter and in each ordinance or code which grants jurisdiction to the Examiner. (Ord. 24-1022 § 5 (Exh. C))
1.20.090 Decisions of the Examiner.
Decisions made by the Examiner shall be final and conclusive unless otherwise specified in the municipal code or State law. (Ord. 24-1022 § 5 (Exh. C); Ord. 14-1005 § 1 (part): Ord. 03-1020 § 4: Ord. 98-1037 § 3; Ord. 97-1011 § 1; Ord. 96-1008 § 4; Ord. 95-1012 § 1: Ord. 90-1045 § 10. Formerly 1.20.100)
1.20.100 Hearing procedures.
A. Public hearings held by the Examiner shall be conducted pursuant to Chapter 16A.13 SMC, Public Hearings.
B. Appeal hearings held by the Examiner shall be conducted pursuant to Chapter 16A.17 SMC, Appeals. (Ord. 24-1022 § 5 (Exh. C); Ord. 14-1005 § 1 (part): Ord. 90-1045 § 11. Formerly 1.20.110)
1.20.120 Public hearing.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 5: Ord. 96-1008 § 5; Ord. 90-1045 § 12. Formerly 1.20.130)
1.20.130 Appeal hearing.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 6. Formerly 1.20.135)
1.20.140 Examiner actions.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 20. Formerly 1.20.210)
1.20.150 Appeal to Examiner – Notice and content and supplemental information.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 9: Ord. 00-1036 § 1; Ord. 90-1045 § 21. Formerly 1.20.220)
1.20.160 Appeal to Council – Notice.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 10: Ord. 90-1045 § 22. Formerly 1.20.230)
1.20.170 Appeal to Council – Content.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 03-1020 § 11: Ord. 90-1045 § 23. Formerly 1.20.240)
1.20.180 Appeal to Council – Consideration.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 24. Formerly 1.20.250)
1.20.190 Appeal to Council – Council action.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 25. Formerly 1.20.260)
1.20.200 Reconsideration of final action.
Repealed by Ord. 24-1022. (Ord. 14-1005 § 1 (part): Ord. 90-1045 § 26. Formerly 1.20.270)
1.20.210 Review of final decisions.
Repealed by Ord. 24-1022. (Ord. 16-1007 § 6: Ord. 14-1005 § 1 (part): Ord. 03-1020 § 12: Ord. 90-1051 § 4: Ord. 90-1045 § 27. Formerly 1.20.280)