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Home My WebLink Aboutord2017-024WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017- 114 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Originator. Engels 3/28/2017 4/4/2017 Introduction Division Head: 4/18/2017 Council D21. Head: l Prosecutor: Purchasing /Bud et: Executive. TITLE OF DOCUMENT: Ord amend WCC 20.92.642, Time limits, for appeals to County Council ATTACHMENTS: Ordinance and exhibit SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance amends WCC 20.92.642 regarding time limits for appeals of Hearing Examiner decisions. It states that the county council shall dismiss an appeal for failrue of the appellant to abide by any of the time limits contained in WCC 20.92.600 through 20.92.640, unless an extension has been granted pursuant to WCC 20.92.645. COMMITTEE ACTION: COUNCIL ACTION.• 4/4/2017: Introduced 6 -0, Weimer absent 4/18/2017: Adopted 7 -0, Ord. 2017 -024 I I Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2017 -024 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing j' on the County's website at: www.co.whatcom.wa.us /council. Ord Amend WCC 20.92 Time Limits.Docx PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. 1 1117-024 4/4/2017 AMENDING WHATCOM COUNTY CODE 20.92.642, TIME LIMITS, FOR APPEALS TO COUNTY COUNCIL WHEREAS, Whatcom County Code Section 20.92, provides a process for appealing decisions rendered by the Whatcom County Hearing Examiner, and; WHEREAS, amendments to Whatcom County Code 20.92 are necessary to clarify and update rules governing the appeal process. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 20.92 is hereby amended as indicted in Exhibit A to this ordinance. 18th AD�Q -i �7 18iC day of ti ATTESTP :c) GOUNT •, C� r Dana 6jrown -D ttj id Ck'of tl Council APPROV D'AS�Ydlft ��I4 i aren Frakes, Civil Deputy Prosecutor April 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Wuchaa an, Council Chair Page 1 (Approved ( ) Denied Jack Lou s, County E ecutive Ord2017 -024 EXHIBIT A (WCC 20.92.642 Amendment) Whatcom County Code 20.92.600 Appeal to county council. (Ord. 2008 -008 Exh. A, 2008; Ord. 2000 -043, 2000). 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 10 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. 2008 -008 Exh. A, 2008; Ord. 2000 -043, 2000; 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. 2008 -008 Exh. A, 2008; Ord. 2000 -043, 2000; Ord. 95 -033, 1995; Ord. 87 -41, 1987). 20.92.630 Transcript. (1) The appellant shall obtain a copy of the electronic recording of the hearing examiner's hearing from the hearing examiner's office. The appellant shall make arrangements for the preparation of the verbatim transcript of the hearing examiner's hearing by a professional transcriptionist who will include a signed transcriber certification with the verbatim transcript. The appellant 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 shall be made available by the county council office to parties upon request submitted to the county council office. (Ord. 2010 -057 Exh. A, 20101; Ord. 2008- 008 Exh. A, 2008; Ord. 2000 -043, 2000; Ord. 96 -043, 1996; Ord. 95 -033, 1995). 20.92.640 Written argument. (1) Within two working days after receipt of the transcript of the hearing conducted by the hearing examiner, 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 registered party of record 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. 2008 -008 Exh. A, 2008; Ord. 2000 -043, 2000; Ord. 95 -033, 1995; Ord. 87 -33, 1987). Ord2017 -024 20.92.642 Time limits. The county council shall dismiss an appeal for failure of the appellant to abide by any of the time limits contained in WCC 20.92.600 through 20.92.640, unless an extension has been granted pursuant to WCC 20.92.645. (Ord. 2008 -008 Exh. A, 2008; Ord. 2000 -043, 2000). 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 and proof of service (affidavit of mailing) upon those parties who have registered with the county council shall be presented to the clerk of the council in writing prior to the expiration of the pertinent time limit. Any registered party who wishes to object to the requested extension shall file a written objection with the council office no later than two weeks following the council's receipt of the request. (Ord. 2008 -008 Exh. A, 2008; Ord. 2000 -043, 2000; Ord. 95 -033, 1995).