HomeMy WebLinkAboutord1999-056WHATCOM COUNTY COUNCIL AGENDA BILL
NO: 1999 - 366
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: County Council
9/21/99 H
C ���' -
S E P 2 1 1999
WHATCOM COUNTY
'COUNCIL
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Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT.-
Ord. amending WCC Title 20 Re: Refunds for Appeals and Code Violations
ATTACHMENTS
SUMMARY STATEMENT.
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date:
Ordinance amending Whatcom County Code Section 20.84.240, appeals, to address refunds for appeals of Adminsitrative
Decisions and Code Violations
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999-366 9/28/99: Introduced
10/12/99: Adopted 7 -0, Ord. #99 -056
Related File Numbers:
Ordinance or Resolution Number (this item only):
D
appealord.929
SPONSORED BY: Consent
PROPOSED BY: Hoaa
MA
INTRODUCTION DATE: September 28, 1999
ORDINANCE NO. 99 -056
AMENDING WHATCOM COUNTY CODE SECTION 20.84.240, APPEALS, TO
ADDRESS REFUNDS FOR APPEALS OF ADMINISTRATIVE DECISIONS AND CODE
VIOLATIONS
WHEREAS, on August 10,1999, the Whatcom County Council approved an
amendment to the Whatcom County Unified Fee Schedule by adopting Ordinance
99 -037; and
WHEREAS, the fees adopted reflect two different categories: "Hearing
Examiner: Administrative Appeal - Code Violation to Hearing Examiner" and
"Hearing Examiner: Administrative Decision Appeal - Other Administrative
Decisions to Hearing Examiner "; and
. WHEREAS, the Ordinance adopted states that if the appellant prevails, the
fee will be refunded; and
WHEREAS, the Whatcom County Council wishes to distinguish between
refunds for administrative approval appeals and refunds for violation appeals;
and
WHEREAS, the Whatcom County Council wishes to further distinguish
between appeals where a violation actually occurred and where one did not.
NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code Section 20.84.240 is amended as indicated in Exhibit A to
this ordinance.
ADOPTED this 12 day of October , 1999.
SHINGTON
Dana rown- Davis, Clerk of the Council
APPRO ED AS TO FORM:
r
Civil eputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
Marlene Dawson, Council Chair
( ) Denied
Pete Kremen, County Exe e
Date -1&- /f i ( pproved
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EXHIBIT A
20.84.240 APPEALS
The hearing examiner shall have the authority to hear and decide, in
conformity with this ordinance, appeals from any order, requirement, permit
decision or determination made by an administrative official in the enforcement
of this ordinance where more than one interpretation is possible; provided,. that
such appeal shall be filed in writing within 14 days of the action being appealed.
If an appellant prevails in an appeal of an administrative approval decision, the
appellant's appeal fees shall be refunded. The appeal fee on a code violation will
be refunded if the appellant can prove by clear and convincing-evidence that a
violation did not occur. (Ord. 96 -031 § 2, 1996).
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