Chapter 18.11
APPEALS

Sections:

18.11.010    Types of administrative appeals.

18.11.020    Consolidated appeals.

18.11.030    Standing to initiate administrative appeal.

18.11.040    Appeal to the hearing examiner or city council.

18.11.050    Judicial appeal.

18.11.010 Types of administrative appeals.

Administrative interpretations and administrative approvals, determinations of nonsignificance (DNS) and mitigated determinations of nonsignificance (MDNS), recommendations and decisions of the planning agency, and any additional items as specified in SLMC 18.03.030 may be appealed to the appropriate person or body. (Ord. 1079 § 1, 2008).

18.11.020 Consolidated appeals.

All appeals of development application decisions, including accompanying environmental determinations, shall be considered together in a consolidated appeal, except as to:

A. An appeal of a determination of significance;

B. An appeal of a procedural determination made by the city when the city is a project proponent or is funding a project, and chooses to conduct its review under Chapter 43.21C RCW (SEPA);

C. An appeal of a procedural determination made by the city on a nonproject action; or

D. An appeal to the city council under RCW 43.21C.060 or other applicable state statutes. (Ord. 1079 § 1, 2008).

18.11.030 Standing to initiate administrative appeal.

A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a decision on a development application.

B. Definition. The term “parties of record,” for the purposes of this chapter, shall mean:

1. The applicant;

2. Any person who testified at the open record public hearing on the application; and/or

3. Any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters). (Ord. 1079 § 1, 2008).

18.11.040 Appeal to the hearing examiner or city council.

A. Filing. Every appeal to the hearing examiner or city council shall be filed with the city clerk within 14 days after the date of the recommendation, or decision of the matter being appealed. The city 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 development application decision. Appeals may be delivered to the city clerk’s office by mail or personal delivery before 5:00 p.m. on the last business day of the appeal period.

B. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by this code as a legal holiday, then it also is excluded and the filing must be completed on the next business day.

C. Content of Appeal. The notice of appeal shall be in writing, be accompanied by an appeal fee, and shall contain a concise statement identifying:

1. Appellant’s name, address and phone number;

2. Appellant’s statement describing his or her standing to appeal;

3. Identification of the application which is the subject of the appeal;

4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based, including the specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;

5. The relief sought, including the desired outcome or changes to the decision; and

6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

D. Effect of Appeal. The timely filing of an appeal in accordance with the above provisions shall stay the effective date of the hearing body’s decision until such time as the appeal is adjudicated by the hearing examiner or council, or it is withdrawn.

E. Public Notice of Appeal. The city clerk shall provide public notice of the appeal as provided in SLMC 18.07.030. (Ord. 1079 § 1, 2008).

18.11.050 Judicial appeal.

A. Appeals from the final decision of the hearing examiner or city council or other city board or body involving SLMC Titles 14 through 17, and for which all other appeals specifically authorized have been timely exhausted, shall be made to Grant County superior court within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW. Appeals may be made only by a party of record with standing to file a land use petition in Grant County superior court.

B. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the city clerk, city zoning administrator, 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. 1079 § 1, 2008).