Chapter 14.50
APPEALS

Sections:

14.50.010    Appeal of administrative official’s decision.

14.50.020    Appeal of hearing examiner’s decision.

14.50.030    City council action on appeal of hearing examiner’s decision.

14.50.040    Appeal of city council’s decision.

14.50.050    Effect of appeals.

14.50.060    Actions not appealable.

14.50.010 Appeal of administrative official’s decision.

A.    Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency directly affected by any decision of the administrator may appeal that decision to the hearing examiner.

B.    Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the administrator. Appeals shall be filed with the office of environmental planning.

C.    Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the office of environmental planning and shall be accompanied by the required fees. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, Yakima urban area zoning ordinance, this title, or other provisions of law.

D.    Notice. The office of environmental planning shall set a reasonable time and place for hearing of the appeal and shall notify all parties of record at least ten days prior to the hearing.

E.    Transfer of Record. The planning manager shall transmit to the hearing examiner true copies of all records pertaining to the proposed decision being appealed, together with any additional written report as determined to be pertinent.

F.    Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be limited to issues raised in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing unless the subdivision applicant and the examiner mutually agree to a longer period. The hearing examiner may affirm or reverse wholly or in part or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner’s decision to the appellant and parties of record not later than three working days following the issuance of the final decision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.120).

14.50.020 Appeal of hearing examiner’s decision.

A.    Appeals. The hearing examiner’s decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner:

1.    The appealing party must file a complete written notice of appeal with the office of environmental planning upon forms provided by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner’s final decision.

2.    The notice of appeal shall specify the claimed error(s) and issue(s) on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered.

B.    Appeal Procedures.

1.    The office of environmental planning shall notify parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the office of environmental planning. The notice to parties of record shall also state that parties of record wishing to respond to the appeal may submit written argument or memoranda to the legislative body within fourteen days from the date the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only on the record before the hearing examiner. A copy of the notice shall be sent to the appellant.

2.    The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the office of environmental planning. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen-day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due. The legislative body may grant further extensions for good cause shown on a finding by the legislative body of the existence of circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the record before the hearing examiner.

3.    When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the office of environmental planning shall within five days deliver to the city council a copy of the examiner’s decision, the record developed before the examiner, an audio recording of the hearing before the hearing examiner, and any written argument or memorandum of authority which has been received. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.130).

14.50.030 City council action on appeal of hearing examiner’s decision.

A.    General. When the record and the hearing examiner’s decision have been transmitted to the city council, the clerk of the city council shall schedule a date for a meeting of the city council at which time the city council shall consider the record upon which the hearing examiner’s decision was based and the written and oral arguments of the appellant and other parties of record regarding whether the hearing examiner’s decision was supported by substantial evidence. The date of the public meeting should not be later than twenty days following the date the city council receives the record from the office of environmental planning.

B.    Public Notice Meeting on Appeals. The clerk of the city council shall, by first class mail, notify all parties of record of the date of the closed record public hearing on the appeal.

C.    Site Views. The city council may view the site.

D.    Scope of Review. City council review of the facts shall be limited to the record before the hearing examiner. The city council may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond to any new material provided.

E.    Action on Appeal. At the closed record public hearing the city council may adopt, amend and adopt, reject, reverse, amend and reverse the hearing examiner’s findings, conclusions, and decision, or the city council may remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the city council renders a decision different from the decision of the hearing examiner, the city council shall adopt amended findings and conclusions accordingly. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.140).

14.50.040 Appeal of city council’s decision.

The action of the city council on an appeal of the decision of the hearing examiner shall be final and conclusive unless within twenty-one days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the superior court. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.150).

14.50.050 Effect of appeals.

No subdivision may be recorded while an appeal is pending. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.160).

14.50.060 Actions not appealable.

A.    Generally. Only final actions or decisions of a reviewing or other official may be appealed under this chapter.

B.    Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision-making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action.

C.    Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter 14.40. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.170).