Chapter 14.11
APPEALS
Sections:
14.11.060 Administrative appeal procedures.
14.11.070 Appeals to quasi-judicial boards.
14.11.010 Purpose.
A. The purpose of this chapter is to create uniform requirements and rules for appeals of recommendations and decisions occurring under the development code and certain other provisions of the municipal code.
B. The procedures and requirements in this chapter apply to all administrative, quasi-judicial, and legislative decisions and appeals allowed or permitted under the development code and certain other provisions of the municipal code.
C. Requirements for appeals of final decisions occurring under the development code and certain other provisions of the municipal code to quasi-judicial boards are specified under MCMC 14.11.070.
D. Requirements for judicial appeals of final decisions occurring under the development code and certain other provisions of the municipal code are specified in MCMC 14.11.080.
E. The procedures and requirements of this chapter shall also apply to administrative appeals allowed or permitted under Chapters 8.12 and 9.14 MCMC, and to any other provision of the municipal code specifying the use of this chapter. (Ord. 2018-830 § 9; Ord. 2011-725 § 10; Ord. 2010-718 § 11 (Exh. K); Ord. 2006-647 § 4; Ord. 2005-609 § 2)
14.11.020 Who may appeal.
Only the applicant, a party of record, or the city may appeal a recommendation or decision issued under the development code. A regulatory order under Chapter 14.13 MCMC may be appealed only by the person to whom it is directed. (Ord. 2005-609 § 2)
14.11.030 When to appeal.
A. Appeal Period. Unless another time period is specified by the development code, an appeal of any recommendation or decision issued under the development code, including a regulatory order, shall be filed within 15 days of the date of the recommendation, decision or order. Filing of an appeal within the specified time period is jurisdictional and no appeal body shall be vested with the authority to consider an appeal if it is not timely filed.
B. The 15-day appeal period shall be calculated as follows:
1. For an administrative decision, the appeal period shall be calculated from the date the recommendation or final decision is issued, which shall be the date set forth on the recommendation or final decision.
2. For a recommendation or decision made by a multimember body, the appeal period shall be calculated from the date the multimember body takes final action at an open public meeting adopting the recommendation or decision.
C. A motion for reconsideration shall toll the time period for appeal set forth in this section until the decision body issues a final decision concerning the reconsideration motion. (Ord. 2011-725 § 11; Ord. 2005-609 § 2)
14.11.040 Where to appeal.
Every appeal authorized by the development code shall be filed in the office of the city clerk by 4:30 p.m. of the last day of the appeal period. “Filed” means that one original and one copy of the appeal has been received and date stamped by the city clerk. (Ord. 2005-609 § 2)
14.11.050 Contents of appeal.
Every appeal filed under this chapter shall contain the following:
A. The name and address of the appellant.
B. A complete copy of the decision being appealed.
C. The name of the person or body to whom the appeal is directed.
D. A concise statement of the appellant’s interest and standing in the appeal.
E. A concise explanation describing the specific reasons why the appellant believes the decision to be wrong.
F. The desired outcome of the appeal and/or changes to the recommendation or decision.
G. The appeal fee. (Ord. 2005-609 § 2)
14.11.060 Administrative appeal procedures.
A. The city clerk shall notify the city manager, city attorney, examiner and other appropriate personnel of the filing of every appeal (whether or not timely filed), shall forward a copy of the appeal to the appeal entity or body to which it is directed, and shall cause the appeal to be scheduled as appropriate.
B. At the time for which the appeal is scheduled, the appeal entity or body shall schedule further action on the appeal as necessary and appropriate to hear and resolve the appeal, including without limitation study sessions, briefing(s) by the staff and/or parties, and argument or hearing dates.
C. The city clerk shall ensure that the record of the decision being appealed is transmitted to the appeal entity or body for review. The “record of the decision” shall be indexed by the clerk and, except for privileged or otherwise confidential material which shall be withheld by the clerk, shall include all of the following as applicable to the matter being appealed:
1. The record compiled from the hearing pursuant to MCMC 14.09.050 (if any), including the electronic record of such hearing;
2. The city’s administrative file(s) regarding the matter;
3. Written comments submitted during the applicable comment periods;
4. All other documents or tangible items upon which the decision appealed from was based; and
5. The notice of appeal.
D. The appellant and any party of record may obtain a copy of the record of decision from the clerk by paying the city’s cost to produce the record. If the electronic record exceeds one hour in duration, the appeal entity or body may require the appellant to obtain at the appellant’s cost and provide to the city clerk a verified verbatim transcript of the electronic record for use by the appeal entity or body.
E. The appeal hearing shall be an open record or closed record hearing as appropriate. If the appeal hearing is an open record hearing, it shall be conducted in accordance with MCMC 14.09.050. If the appeal hearing is a closed record hearing, it shall be conducted in accordance with MCMC 14.09.060. The appellant shall bear the burden of persuasion at the appeal hearing.
F. Following the appeal hearing and upon the conclusion of deliberations, the appeal entity or body shall render a final decision in accordance with the applicable provisions of MCMC 14.09.080. (Ord. 2010-718 § 11 (Exh. K); Ord. 2005-609 § 2)
14.11.070 Appeals to quasi-judicial boards.
A. Appeals from a final decision arising under the development code which are appealable to an administrative body such as the growth management hearings board, shorelines hearing board, or pollution control hearings board shall be filed in accordance with the rules and timelines governing such appeals.
B. Standing to file a quasi-judicial appeal shall require that the appellant have timely taken and exhausted all other appeals specifically authorized by the development code.
C. In addition to any other requirements of law, copies of the notice of the appeal and all initial pleadings required to be filed with the board shall be served on the city clerk within the applicable time period for filing said pleadings.
D. Unless otherwise specified by state law, the appeal shall be on the record created by the entity or body making the final decision, and the cost of transcribing and preparing all records ordered certified by the board or desired by the appellant for an 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 in the amount specified by the city clerk. The appellant shall pay to the city clerk the full cost of preparing all such records at least three business days before the final day for submitting the records to the board. Any overpayment shall be promptly returned to the appellant. If the appellant prepares a verbatim transcript of proceedings for an appeal, an original or copy shall be provided to the city for copying, and the city shall promptly return the original or copy so provided. (Ord. 2010-718 § 11 (Exh. K); Ord. 2005-609 § 2)
14.11.080 Appeals to court.
A. Appeals from a final decision under the development code which is not subject to any further administrative appeal shall be made to Snohomish County superior court.
B. Standing to file a judicial appeal shall require that the appellant has timely taken and exhausted all other appeals specifically authorized by the development code.
C. Judicial appeals shall be filed within the following time periods:
1. Appeals of decisions subject to review under the Land Use Petition Act, Chapter 36.70C RCW (“LUPA”), shall be made within 21 days of the date the decision became final.
2. Appeals of enforcement decisions or regulatory orders issued under Chapter 14.13 MCMC shall be made within 21 days of the date the decision or order was issued.
3. Appeals of a notice of action issued under MCMC 18.04.250 shall be made within the time period specified therein unless a different time period is established for the underlying action, in which case the time period for the underlying action shall apply.
4. All other appeals shall be filed within 30 days of the date the decision was issued unless another time period is established by state law or city code.
D. In addition to any other requirements of law, copies of the notice of the appeal and all initial pleadings required to be filed with the superior court shall be served on the city clerk within the applicable time period for filing said pleadings.
E. Unless otherwise specified by state law, the appeal shall be on the record created by the entity or body making the final decision, and the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for an 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 in the amount specified by the city clerk. The appellant shall pay to the city clerk the full cost of preparing all such records at least three business days before the final day for submitting the records to the court. Any overpayment shall be promptly returned to the appellant. If the appellant prepares a verbatim transcript of proceedings for an appeal, an original or copy shall be provided to the city for copying, and the city shall promptly return the original or copy so provided. (Ord. 2010-718 § 11 (Exh. K); Ord. 2005-609 § 2)
14.11.090 Appeal matrix.
The appeal matrix shown below in Table 14.11-1 depicts the applicable decision entity and appeal entities for various matters arising under the municipal code.
|
Description |
Decision Body |
Appeal Body |
|---|---|---|
|
Legislative |
||
|
Comprehensive plan amendments together with underlying SEPA threshold determination |
City Council (Recommendation from Planning Commission (PC) following public hearing) |
Growth Hearings Board (GHB) |
|
Substantive amendments to the development code (MCMC Titles 14 – 18) together with underlying SEPA threshold determination |
City Council (Recommendation from PC following public hearing) |
Superior Court or GHB |
|
Procedural amendments to the development code (MCMC Titles 14 – 18) together with underlying SEPA threshold determination |
City Council (No PC recommendation required) |
Superior Court |
|
Rezones in conjunction with annual comprehensive plan amendments together with underlying SEPA threshold determination |
City Council (Recommendation from PC following public hearing) |
GHB |
|
Quasi-Judicial |
||
|
Variances to the requirements of the MCMC |
Hearing Examiner |
Superior Court |
|
Preliminary plats (not including short plats) |
Hearing Examiner |
City Council |
|
Major modifications of preliminary plats (not including short plats) |
Hearing Examiner |
City Council |
|
Binding site plans |
Hearing Examiner |
City Council |
|
Major modifications of binding site plans |
Hearing Examiner |
City Council |
|
Conditional use permits for city parks |
Hearing Examiner |
City Council |
|
Reasonable use exceptions under MCMC 18.06.430 |
Hearing Examiner |
Superior Court |
|
Design review board decisions |
Design Review Board |
Hearing Examiner* |
|
Matters falling under Chapter 35A.63 RCW which call for a quasi-judicial hearing or appeal, including decisions on permits or approvals, unless specifically assigned to another entity, board or body by the municipal code |
Hearing Examiner |
Superior Court |
|
Other quasi-judicial matters as may be assigned or delegated to the examiner by the city council or the municipal code |
Hearing Examiner |
Case by Case |
|
Administrative |
||
|
Administrative interpretations under MCMC 14.03.020(B)(1) |
Assigned directors |
Hearing Examiner* |
|
Administrative decisions under MCMC 14.03.020(B)(2) |
Assigned directors |
Hearing Examiner* |
|
Amortization periods under Chapter 17.32 MCMC |
Assigned directors |
Hearing Examiner* |
|
Administrative enforcement actions under Chapter 14.13 MCMC |
Assigned directors |
Hearing Examiner* |
|
Other administrative decisions as specified in MCMC Titles 14 – 18, except as described in MCMC 17.29.280 |
Assigned directors |
Hearing Examiner* |
|
Business license denials, suspensions, and revocations under Chapters 5.04 and 5.26 MCMC |
City Manager |
Hearing Examiner* |
|
Administrative decisions on an adjustment request arising under Chapter 8.12 MCMC |
Assigned directors |
Hearing Examiner* |
|
Cabaret dance license denials, suspensions, and revocations under Chapter 5.18 MCMC |
City Manager |
Hearing Examiner* |
|
Administrative decisions and enforcement actions under MCMC Title 6 |
Police Chief |
Hearing Examiner* |
|
SEPA threshold determinations on project actions |
SEPA Responsible Official |
Hearing Examiner* |
|
SEPA threshold determinations on nonproject actions |
SEPA Responsible Official |
Superior Court or GHB |
Notes: * means appeal hearing is an open record hearing.
(Ord. 2019-850 § 2; Ord. 2018-830 § 10; Ord. 2018-829 § 2 (Exh. A); Ord. 2011-725 § 12; Ord. 2010-718 § 11 (Exh. K))