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HomeMy WebLinkAboutord2000-043WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 305 CLEARANCES Dale Date Received in Council Office Agenda Date Assigned To Ong. Dept.. County Council 8/28/2000 9/122000 Introduction Division Head: Dept. Head: Prosecutor: /r, u. p l;t zo 4 Budget: Executive: SUBJECT. Ordinance amend WCC 20.92, Time limits on appeals of Hearing Examiner decisions ATTACHMENTS Proposed ordinance SUMMARYSTATEMENT Related County Contract #: I Should the Clerk schedule shearing? (Y/N) N Requested Date: I This ordinance would impose the penalty of dismissal if time limits are not met by the appellant in an appeal of a Hearing Examiner decision. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN. 2000 -305 9112/2000: Introduced 926/2000: Adopted Amended 1 -0 Ord H2O00 -043 Related File Numbers: Ordinance or Resolution Number (this item only): oo *= -043 SPONSORED BY: Consent PROPOSED BY: Council Clerk INTRODUCTION DATE: 9112/2000 ORDINANCE NO. 2000 -043 AMENDING WHATCOM COUNTY CODE SECTION 20.92, REGARDING TIME LIMITS FOR APPEALS OF HEARING EXAMINER DECISIONS TO THE COUNTY COUNCIL WHEREAS, Whatcom County Code Section 20.92 provides a process for appealing a decision rendered by the Whatcom County Hearing Examiner, and; WHEREAS, the existing process needs to be amended to establish time limits, and; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 20.92 of the official Whatcom County Code is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this 26th day of September, 2000. ATTEST: ai Dana Brown -Davis Clerk of the Council APPROVED AS TO FORM: �m K Dave GYant Civil Deputy Prosecutor Page 1 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHH_ING/TON Marlene D son Councl air ( 7Applovgd ,( ) Denied Pete Kremen County Executive EXHIBIT A 20.92.600 Appeal to county council. 20.92.610 Applicant appeal. The applicant, any party of record or any county department may appeal any final decision of the hearing examiner to the county council. The appellant shall file a written notice of appeal at the county council office within 10 business days of the final decision of the hearing examiner. Any parties of record from the hearing examiner's proceedings who wish to continue to be considered parties of record must register with the county council in writing no later than ten days after the date of the notification of appeal letter which is sent from the hearing examiner's office. The notification of appeal letter will be sent from the hearing examiner's office within three working days of receiving written notification from the county council office that an appeal has been filed. (Ord. 95 -033, 1995). 20.92.620 Fee. A fee, as established in the Unified Fee Schedule, shall be paid to the county council office upon filing of any appeal. This fee shall not apply to appeals initiated by a county department. (Ord. 95 -033, 1995; Ord. 87 -41, 1987). 20.92.630 Transcript. (1) The appellant shall make arrangements for the preparation of the transcript with the court reporter present at the hearing examiner's hearing and shall forward the transcript to the county council office within 30 days of filing the appeal. Upon request of the council office, the hearing examiner's office shall prepare and transmit to the council office the hearing examiner's file, together with exhibits. (2) A copy of the record of appeal shall be provided by the appellant to the council office and copies shall be made available to parties on request at the cost to be fixed by the council office. (Ord. 96 -043, 1996; Ord. 95 -033, 1995). 20.92.640 Written argument. (1) Within two working days after receipt of either the transcript of the hearing conducted by the hearing examiner, a summary of facts, or an abridged transcript, the county council office shall send a letter of notification to the appellant that a statement containing the appellant's basis for appeal and argument is due. The statement and argument, and a proof of service (affidavit of mailing) upon those parties who have registered with the county council, must be filed in writing, along with 10 copies, with the clerk of the county council within 15 calendar days after the postmark date of the letter of notification. (2) Any argument or response by any person or entity opposing the appeal must be filed in writing along with 10 copies, within 14 calendar days after the date of filing the appellant's argument with the council office. (Ord. 95 -033, 1995; Ord. 87 -33, 1987). 20.92.642 Time limits The County Council will, on motion of a party, dismiss the appeal for failure of the appellant to abide by any of the time limits contained in WCC 20.92.600 through to 20.92.640, unless an extension has been granted pursuant to Whatcom County Code 20.92.645. Page 2 20.92.645 Time extension Extensions of timelines established hereinabove may be granted by the council chair upon demonstration of good cause. Requests for extensions shall be presented to the clerk of the council in writing prior to the expiration of the pertinent time limit. (Ord. 95 -033, 1995). 20.92.650 Time limitation on county council. Within 35 days after the filing of the respondent's written argument, the county council shall render a decision. Thereafter the county council will issue findings of fact and conclusions of law no later than 30 days following the decision. This time limitation shall not apply when a remand procedure is initiated. (Ord. 95 -033, 1995). 20.92.660 Appeal on record. The decision of the county council shall be based solely upon the record and the written argument that has been submitted by the parties. Oral argument may be scheduled at the discretion of the county council. (Ord. 95 -033, 1995). 20.92.700 Remand to hearing examiner. 20.92.710 Findings. The county council may, within its discretion, remand the case back to the hearing examiner, if the council finds: (1) That new evidence is available that could affect the outcome of the case and was not available at the first hearing. (2) That the record, in whole or in part, is not sufficient for the council to make a reasoned decision on the appeal. (3) That the decision of the hearing examiner should be reversed and that additional information is necessary before a final decision can be made. (Ord. 95 -033, 1995). 20.92.720 Remand order. The remand shall be in the form of a written order and shall state the specific areas to be considered by the hearing examiner at the remand hearing. The remand hearing shall be limited to the specific areas of concern stated in the remand order from the county council.(Ord. 95 -033, 1995). - 20.92.730 Notice of application and open record hearing. Notice of application and notice of an open record hearing shall take place consistent with WCC 2.33.060 and 2.33.070. (Ord. 96 -031 § 21 1996; Ord. 95 -033, 1995). 20.92.740 Filing of information. The hearing examiner shall file the information requested in the remand order with the clerk of the county council as soon as possible but not to exceed 15 business days from the date of the hearing. (Ord. 95 -033, 1995). 20.92.750 Final decision of county council. Page 3 The county council shall, within 30 days of filing of the information from the remand hearing, issue their final written decision together with findings of fact and conclusions of law. (Ord. 95 -033, 1995). 20.92.800 County council — Function in hearing examiner process. 20.92.810 Reversal of hearing examiner decisions. The county council shall affirm the decision of the hearing examiner unless a majority of the entire county council finds that the decision of the hearing examiner is: (1) Based upon an error of law, or (2) Clearly erroneous on the entire record. (Ord. 95 -033, 1995; Ord. 84 -79, 1984). 20.92.820 Conditions. The county council may, where their decision results in project approval, impose, modify or delete conditions upon the license, permit approval, variances or appeal, consistent with WCC 20.92.310, and may exercise the powers granted therein. (Ord. 95 -033, 1995; Ord. 84 -790 1984). 20.92.830 No interference with the county council. No individual or county official shall Interfere with or attempt to Interfere with the individual council members of the county council in the execution of the quasi- judicial duties they have assumed, pursuant to this ordinance. (Ord. 95 -033, 1995; Ord. 84- 79,1984). 20.92.840 Appeal of county council decision. The decision of the county council shall be final unless appealed within 21 days of the Issuance of the written decision, in the same manner as provided in RCW 36.70C.040. (Ord. 97 -013, 1997; Ord. 95 -033, 1995; Ord. 84 -79, 1984).