Chapter 16A.17
APPEALS
Sections:
16A.17.020 State Environmental Policy Act (SEPA) Appeals
16A.17.030 Appeal of Administrative Interpretations, Approvals and Project Permit Decisions
16A.17.040 Appeal of Hearing Examiner Decisions
16A.17.080 Notice of Appeal Hearings
16A.17.090 Motion for Reconsideration
16A.17.010 Standing
Standing to appeal a decision pursuant to this chapter is limited to the following:
A. The applicant or owner to which the permit or decision is directed.
B. A person aggrieved or adversely affected by the permit decision or action, or who would be aggrieved or adversely affected by a reversal or modification of the permit or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:
1. The permit decision or action has prejudiced or is likely to prejudice that person; and
2. That person’s asserted interests are among those that the decision maker was required to consider when the decision was made; and
3. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and
4. The petitioner has exhausted his or her administrative remedies to the extent required by law. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.020 State Environmental Policy Act (SEPA) Appeals
An appeal of a SEPA decision shall be governed by SMC 16A.23.150 through 16A.23.250. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.030 Appeal of Administrative Interpretations, Approvals and Project Permit Decisions
Administrative interpretations, administrative approvals, and Type I and Type II permit decisions may be appealed to the Hearing Examiner. Such appeals shall be filed with the City Clerk only on forms provided by the City Clerk, together with the required filing fee, within fourteen (14) days of the date of the decision. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.040 Appeal of Hearing Examiner Decisions
Decisions of the Hearing Examiner may be appealed to King County Superior Court pursuant to this chapter. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.060 Contents
The notice of appeal shall contain a concise statement identifying:
A. The decision being appealed;
B. The name and address of the appellant and his/her interest(s) in the matter;
C. The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;
D. The desired outcome or changes to the decision;
E. The appeal fee. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.070 Appeal Briefs
If a notice of appeal has been filed, the appellant shall file with the City Clerk any supplemental written reports, arguments, or briefs within twenty-one (21) days of filing the appeal. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.080 Notice of Appeal Hearings
If an administrative decision is appealed to the Hearing Examiner, notice of the appeal hearing shall be provided a minimum of thirty (30) days in advance of an appeal hearing. The notice shall be distributed to the applicant, appellant, and parties of record. The notice may be distributed to other parties listed under SMC 16A.09.030(E), as deemed necessary by the City. Additionally, the notice shall be posted on the notice board if required to be displayed on site pursuant to Chapter 16A.09 SMC. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.090 Motion for Reconsideration
A party may seek reconsideration of a final decision by filing a written request with the Hearing Examiner within five (5) working days of the final decision. The Hearing Examiner shall consider the request and issue a decision within ten (10) working days of receipt. If the request is denied, the previous action shall become final. If the request is granted, the Hearing Examiner may immediately revise and reissue his/her decision. Reconsideration may be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.17.100 Judicial Appeal
A. A final land use decision of the Hearing Examiner may be appealed to King County Superior Court within twenty-one (21) days by filing a land use petition meeting the requirements set forth in Chapter 36.70C RCW.
B. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the City Clerk, City Manager or his designee, and City Attorney 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. 18-1004 § 1; Ord. 03-1020 § 2)