Chapter 2.26
LAND USE HEARING EXAMINER

Sections:

2.26.010    Office established.

2.26.020    Appointment and term.

2.26.025    Qualifications.

2.26.030    Standards of conduct.

2.26.040    Rules.

2.26.045    Time computation.

2.26.050    Examiner’s decision.

2.26.060    Reconsideration by examiner.

2.26.070    Appeal of examiner’s decision.

2.26.080    Repealed.

2.26.085    Repealed.

2.26.090    Annual report.

2.26.100    Fees and costs.

2.26.110    Commencement of referral.

2.26.010 Office established.

There is established an office of hearing examiner. The examiner shall hear and decide matters assigned to him by the city council, including but not limited to the following land use matters:

(1) Matters prescribed by the city of Westport long subdivision ordinance, WMC Title 14;

(2) Matters prescribed by the city of Westport flood damage prevention ordinance, Chapter 15.12 WMC;

(3) Matters prescribed by the city of Westport master plan, Chapter 17.36A WMC;

(4) Matters prescribed by the city of Westport MUTC regulations, Chapter 17.20A WMC, or MI regulations, Chapter 17.26 WMC, involving land uses over 40,000 square feet in area;

(5) Shorelines master program, Chapter 17.32 WMC;

(6) Plat vacations or amendments pursuant to Chapter 58.17 RCW;

(7) Appeals of threshold determinations pursuant to SEPA ordinance, Chapter 15.22 WMC, or Chapter 43.21C RCW and Chapter 197-11 WAC;

(8) Conditional use permits and variances pursuant to Chapter 17.44 WMC;

(9) Appeals of binding site plan review board decisions in accordance with the provisions of WMC 17.36B.110 as it currently exists or is hereinafter amended;

(10) Other types of matters referred by the city of Westport planning commission involving unusual or complex cases;

(11) All hearing examiner hearings (except those covered in subsection (2) of this section) are considered to be open record hearings that create the city record through testimony and submission of evidence and information. An open record hearing may be held on an administrative appeal to be known as an “open record appeal hearing.”

The hearing examiner shall replace the planning commission or board of adjustment in the performance of their duties in considering land use matters assigned. The hearing examiner shall have the same authority assigned by law to the planning commission or board of adjustment. Where the planning commission or board of adjustment was previously assigned the duty to make a recommendation to the city council, the decision of the hearing examiner shall be a recommendation to the city council. In all other cases (except those covered by subsection (8) of this section), the hearing examiner shall have final decision authority, subject to appeal to the city council as provided by this chapter. In the event any provisions of this chapter are inconsistent with any provisions contained elsewhere in the Westport Municipal Code, the provisions contained in this chapter shall be considered superior and shall control. (Ord. 1521 § 3, 2012; Ord. 1514 § 1, 2012; Ord. 1299 § 1, 2003; Ord. 1257 § 1, 2001; Ord. 1249 § 5, 2001)

2.26.020 Appointment and term.

The term of appointment for the examiner and deputy examiners, and the terms revoking the appointment, shall be pursuant to the contract executed between the mayor and the examiner, and approved by the city council. Temporary examiners pro tem may be appointed for such terms and functions as the mayor deems appropriate, including disqualification of the regular examiner for a conflict of interest. (Ord. 1249 § 5, 2001)

2.26.025 Qualifications.

The land use hearing examiner shall have substantial experience in the field of land use and planning. (Ord. 1249 § 5, 2001)

2.26.030 Standards of conduct.

(1) In order to assure an appearance of fairness on matters considered by the examiner or by the council on appeal, no person shall have an ex parte (one sided) contact with the examiner or council regarding such matter, and no person, including government officials and employees, shall attempt to interfere with or influence the examiner or council outside a public hearing; provided, that a city official or employee may, in the performance of his official duties, provide information to the examiner when the action is disclosed at the hearing or meeting.

(2) No examiner shall conduct or participate in any hearing or decision on which the examiner may have a direct or indirect financial or personal interest or in which such conduct or participation would violate any rule of law applicable thereto. (Ord. 1249 § 5, 2001)

2.26.040 Rules.

The examiner may prescribe rules for the scheduling and conduct of hearings and other rules of procedure. Application for the consideration of cases to be heard by the examiner shall be made to the clerk-treasurer’s office, and shall include the appropriate application fee. (Ord. 1249 § 5, 2001)

2.26.045 Time computation.

In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or city legal holiday. (Ord. 1249 § 5, 2001)

2.26.050 Examiner’s decision.

(1) Within 10 working days of the conclusion of a hearing, unless a longer period is mutually agreed to by the applicant and the examiner, the examiner shall render a written decision that shall include findings and conclusions based on the record.

(2) The effect of the decisions of the examiner on all matters prescribed by this chapter shall be that of the final decision of the legislative body for the city.

(3) The hearing examiner’s decision shall be issued not later than 120 days after a complete permit application is filed, pursuant to RCW 36.70B.090, and not later than 90 days after an administrative open record appeal is filed. (Ord. 1480 §§ 1, 2, 2010; Ord. 1299 § 2, 2003; Ord. 1257 § 2, 2001; Ord. 1249 § 5, 2001)

2.26.060 Reconsideration by examiner.

Any aggrieved person or agency of record, oral or written, that disagrees with the decision of the examiner may make a written request for reconsideration by the examiner within 10 days of the date of the written decision. The request for reconsideration shall be filed with the clerk-treasurer upon such forms prescribed by the department. If the examiner chooses to reconsider, the examiner may take such further action as he or she deems proper and may render a revised decision, within five working days after the date of filing. Filing a request for reconsideration is not a prerequisite to filing an appeal pursuant to WMC 2.26.070. (Ord. 1249 § 5, 2001)

2.26.070 Appeal of examiner’s decision.

The mayor/designee or any interested party affected by the examiner’s written final decision may appeal the decision to superior court in Grays Harbor County. Any decision of the examiner under the shoreline master program shall be appealable to the shoreline hearings board as provided by WMC 17.32.090 and the Shoreline Management Act, Chapter 90.58 RCW. (Ord. 1530 § 1, 2012)

2.26.080 City council action on appeals.

Repealed by Ord. 1480. (Ord. 1249 § 5, 2001)

2.26.085 Reconsideration by the city council.

Repealed by Ord. 1480. (Ord. 1249 § 5, 2001)

2.26.090 Annual report.

The examiner shall annually report in writing to and meet with the mayor and council for the purpose of reviewing the administration of land use policies and regulating ordinances. The report shall include a summary of the examiner’s decisions since the prior report. (Ord. 1249 § 5, 2001)

2.26.100 Fees and costs.

The cost and fees for presenting a matter to the land use hearing examiner shall be paid in advance, and are as follows:

(1) Category A Issues – $200.00. Category A issues involve relatively simple requests and appeals, including plat vacations, appeals of threshold decisions, variances and conditional use matters, and appeals of hearing examiner decisions. The application fee for these projects is therefore considered a deposit toward the actual costs, and the applicant will be responsible for all costs incurred in the processing of these issues;

(2) Category B Issues – $500.00. Category B issues involve more complex and larger projects, including long plats, MUTC or MI projects in excess of 40,000 square feet, and shorelines issues in excess of 5,000 square feet or $25,000. The application fee for these projects is therefore considered a deposit toward the actual costs, and the applicant will be responsible for all costs incurred in the processing of these issues;

(3) Category C Issues – $1,500. Category C issues involve large and complex projects, including master plans, MUTC or MI issues in excess of $1,000,000 and complex matters referred by the planning commission. These issues may also require extended hearings and complex and detailed written decisions. The application fee for these projects is therefore considered a deposit toward the actual costs, and the applicant will be responsible for all costs incurred in the processing of these issues. (Ord. 1249 § 5, 2001)

2.26.110 Commencement of referral.

All applicable matters, as required by this chapter, which are scheduled for hearing on a date to be held after the effective date of the ordinance codified in this chapter shall be referred to the hearing examiner for review. (Ord. 1249 § 5, 2001)