Chapter 2.60
APPEAL PROCEDURES
Sections:
2.60.040 Procedural irregularities.
2.60.010 Scope.
The procedures set forth in this chapter shall be applicable to all appeals unless contrary provisions are specifically made in this code. The procedures set forth in this chapter shall be in addition to any other procedures required. (Ord. 17-578 § 1 (Exh. B (part)), 2017: Ord. 04-444 § 1, 2004)
2.60.020 Procedures.
A. A person aggrieved from a decision must file a written notice of appeal within fourteen days of the date of the decision being appealed. The notice of appeal shall state clearly the grounds for appeal. When Town ordinance or State law requires preparation of a written decision, the date of decision is when the written decision is approved by the Hearing Examiner. In all other cases, the date of decision is the date notice is sent to the applicant and others entitled to notice.
B. The written notice of appeal must be filed with the Town within the time period set forth above and forwarded to the Hearing Examiner authorized to hear such appeal in written or electronic form within three working days of its receipt by the Town.
C. Upon timely receipt of such notice of appeal and payment of fees, the Hearing Examiner shall set the matter for a public meeting unless the appeal is to the Mayor.
D. Notice of meeting shall be given to the appellant and the applicant or permit holder, if this person is not the appellant. In the case of an appeal to the Mayor, notice that an appeal has been filed shall be given to the applicant or permit holder if this person is not the appellant.
E. The Hearing Examiner conducting the appeal shall render a decision based upon the record including written materials and any audio recording or minutes of the previous proceedings, and on the criteria and standards applicable to the permit, license or action being considered. Nothing herein shall be deemed to require audio recording or other verbatim record. The Hearing Examiner conducting the appeal shall affirm the decision unless from a review of the record, it is determined the decision being appealed was clearly erroneous. Written findings and conclusions shall be prepared and adopted setting forth the facts and the reasoning for the decision. The decision appealed may be affirmed, reversed, remanded or modified.
F. Any further appeal from any decision shall be to Snohomish County Superior Court as provided herein.
G. If a permit is granted, the Town official administering the permit may allow the applicant to begin all or a portion of the construction or commence all or a portion of the operations during the pendency of any appeal; provided, however, that such construction or commencement of operation is begun at the applicant’s own risk. If the decision being appealed is reversed or modified, the applicant may be required to remove or alter any development inconsistent with the final decision and/or restore the environment to its preexisting condition. (Ord. 17-578 § 1 (Exh. B (part)), 2017: Ord. 04-444 § 2, 2004)
2.60.030 Judicial appeals.
Appeal from the decision of the Town Council, Planning Commission or officer for which no other administrative appeal is provided shall be to Snohomish County Superior Court. An appropriate action must be served and filed within twenty-one days of the date of the decision. The cost of transcription of any record ordered to be certified by the court shall be borne by the appellant. (Ord. 17-578 § 1 (Exh. B (part)), 2017: Ord. 04-444 § 3, 2004)
2.60.040 Procedural irregularities.
No procedural irregularity or informality in the notice, consideration, hearing or other matter relating to the decision and/or appeal shall affect the final decision, or any other action leading to the final decision, unless substantial rights of a person with demonstrable beneficial interests are adversely affected and unless objection to any procedural irregularity is made to the Town at the earliest possible time after discovery. (Ord. 17-578 § 1 (Exh. B (part)), 2017: Ord. 04-444 § 4, 2004)