Chapter 13.11
APPEALS
Sections:
13.11.010 Appeal of administrative interpretations and decisions.
13.11.015 Appeal of historic preservation board and planning commission decisions.
13.11.020 Appeal of hearing examiner decisions.
13.11.030 Administrative appeals.
13.11.050 Transcription costs and record preparation.
13.11.010 Appeal of administrative interpretations and decisions.
Administrative interpretations and administrative decisions pursuant to WCC 13.09.030(1) and 13.09.040 may be appealed, by applicants or parties of record, to the hearing examiner as provided for in WCC 13.11.030. Administrative decisions pursuant to WCC 13.09.030(7) may be appealed, by applicants or parties of record, to the historic preservation board as provided for in WCC 13.11.030. There are no administrative appeals of decisions issued pursuant to WCC 13.09.030(2) through (6), (8) and (9). (Ord. 2011-45 § 6; Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.11.015 Appeal of historic preservation board and planning commission decisions.
Historic preservation board and planning commission decisions pursuant to WCC 13.09.050 may be appealed, by applicants or parties of record, to the hearing examiner as provided for in WCC 13.11.030. (Ord. 2011-26 § 4; Ord. 2010-34 § 1)
13.11.020 Appeal of hearing examiner decisions.
Decisions of the hearing examiner may be appealed by applicants or parties of record to the Chelan County superior court as provided for in WCC 13.11.040. There shall be no administrative appeal of a decision of the hearing examiner. Motions of reconsideration may be submitted by an applicant or party of record of a decision of the hearing examiner as provided in WCC 13.11.060. (Ord. 2014-11 § 1 (Exh. B § E); Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.11.030 Administrative appeals.
(1) Filing. Every appeal to the hearing examiner or historic preservation board shall be filed with the city within 14 days after the date of the decision of the matter being appealed. If the 14-day period ends on a weekend or on a holiday, the following working day shall be the fourteenth day.
(2) 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, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision was wrong;
(d) The specific desired outcome or changes to the decision;
(e) The appeal fee.
(3) Process. Upon receipt of a notice of appeal containing all information required in subsection (2) of this section, the city shall schedule with the applicable hearing body either an open record hearing or a closed record appeal hearing if an open record hearing has already been held on an application.
(4) Closed record appeals shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to provide argument and guidance for the body’s decision. Closed record appeals shall be conducted generally as provided for public hearings, except that no new evidence or testimony shall be given or received except as provided in subsection (4)(c) of this section. The parties to the appeal may submit timely written statements or arguments.
(a) A decision following a closed record appeal hearing shall include one of the following actions:
(i) Grant the appeal in whole or in part.
(ii) Deny the appeal in whole or in part.
(iii) Remand for further proceedings and/or evidentiary hearing.
(b) In the event the hearing body determines that the public hearing record or record on appeal is insufficient or otherwise flawed, it may remand the matter back to the hearing body to correct the deficiencies. The items or issues to be considered and the time frame for completing the additional work shall be specified.
(c) The hearing body may receive new evidence in addition to that contained in the record on appeal only if it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:
(i) The proper constitution of or disqualification grounds pertaining to the decision maker (violations of the state’s appearance of fairness statute).
(ii) The use of unlawful procedure. (Ord. 2011-45 § 7; Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.11.035 SEPA appeals.
(1) A major purpose of this title is to combine environmental considerations with public decisions. Therefore, any appeal brought under the State Environmental Policy Act (SEPA) shall be linked to a specific governmental action. SEPA provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of Chapter 43.21C RCW, Chapter 197-11 WAC and WCC Title 12. It is not intended to create an independent cause of action unrelated to a specific governmental action.
(2) Appeals under SEPA shall be taken from the land use permit decision of the city, together with its accompanying environmental determinations. Appeals of SEPA not associated with a land use permit decision where there is no time period for appealing the underlying governmental action shall be commenced within the time period specified by RCW 43.21C.080.
(3) Appeals of environmental determinations made (or lacking) under SEPA shall be commenced within the time required to appeal the governmental action which is subject to environmental review to superior court. There shall be no administrative appeal of a city action or failure to act with respect to environmental determinations under SEPA.
(4) A person aggrieved by a city action or failure to act has the right to a judicial appeal pursuant to Chapters 36.70C and 43.21C RCW and Chapter 197-11 WAC. (Ord. 2014-11 § 1 (Exh. B § D))
13.11.040 Judicial appeals.
Appeals from the final decision of the city council pursuant to WCC 13.09.060 or hearing examiner pursuant to WCC 13.09.050, and for which all other appeals specifically authorized have been timely exhausted, shall be made to Chelan County superior court and served on all necessary parties within 21 days of the date the decision or action became final, unless another time period is established by state law or local ordinance. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the mayor within the applicable time period. This requirement is jurisdictional. (Ord. 2014-11 § 1 (Exh. B § E); Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.11.050 Transcription costs and record preparation.
The cost of transcribing and preparing all records ordered certified by the court, required at the discretion of the hearing examiner or required at the discretion of the city attorney shall be borne by the appellant. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.11.060 Reconsideration.
An applicant or party of record may seek reconsideration only of a final decision by filing a written request for reconsideration with the administrator within 10 days from the date of issuance as defined by RCW 36.70C.040(4)(a), together with the materials identified by WCC 13.11.030(2), Contents. No new evidence may be submitted as part of a request for reconsideration. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration. The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. If a motion for reconsideration is filed, the date of the final decision by the hearing examiner occurs on the date a decision is entered on the motion for reconsideration, and not the date of the original decision for which the motion of reconsideration was filed.
(1) Requests for reconsideration may be granted by the hearing examiner upon demonstration of one or more of the following:
(a) Irregularity in the proceedings by which the moving party was prevented from having a fair hearing;
(b) Error in the computation or any monetary element of the decision;
(c) Clear mistake as to a material fact;
(d) Clear error as to the law, which should be corrected in the interests of justice.
(2) The hearing examiner shall act upon the reconsideration request within 10 working days by:
(a) Approving the request with revised findings and/or conditions;
(b) Accepting the request and giving notice to all parties of record of the opportunity to submit written comment. Parties of record shall have 10 calendar days from the date of such notice in which to submit written comments. Within 10 working days after the close of the comment period, the hearing examiner shall either deny the request with applicable findings, or approve the request with revised findings and/or conditions; or
(c) Denying the request, including applicable findings for the basis of the decision.
(3) The decision on the request for reconsideration and/or the revised decision shall be sent to all parties of record. A request for reconsideration is not a prerequisite to filing an appeal under WCC 13.11.020. (Ord. 2014-11 § 1 (Exh. B § E); Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))