HomeMy WebLinkAboutord2024-007Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA98225-4038
(360) 778-5010
Agenda Bill Report
File Number: AB2024-100
File ID: AB2024-100 Version: 1 Status: Adopted
File Created: 01/22/2024 Entered by: CStrong@co.whatcom.wa.us
Department: Planning and File Type: Ordinance
Development Services
Department
Assigned to: Council Final Action: 02/06/2024
Agenda Date: 02/06/2024 Enactment#: ORD 2024-007
Related Files:
Primary Contact Email: cstrong@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting amendments to Whatcom County Code Title 2 (Administration and Personnel) to
abolish the Appeals Board and assign its duties to the Hearing Examiner
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
An ordinance adopting amendments to Whatcom County Code Title 3 (Revenue and Finance) to
abolish the Appeals Board and assign its duties to the Hearing Examiner
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
01/23/2024 Council INTRODUCED Council
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
02/06/2024 Council ADOPTED
Aye: 4 Buchanan, Donovan, Galloway, and Scanlon
Nay: 3 Byrd, Elenbaas, and Stremler
Attachments: Staff Memo, Proposed Ordinance
Whatcom County Page 1 Punted on 211212024
Agenda Bill Report Continued (AB2024-100)
Whatcom County Page 2 Printed on 2112/2024
PROPOSED BY:
INTRODUCTION DATE: 1/23/2024
ORDINANCE NO. 2024-007
AN ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 2 (ADMINISTRATION
AND PERSONNEL) TO ABOLISH THE APPEALS BOARD AND ASSIGN ITS DUTIES TO THE HEARING
EXAMINER
WHEREAS, the Whatcom County Appeals Board had not met in over 8 years, having had no
appeals; and,
WHEREAS, Whatcom County has been assigning most administrative appeals to the Hearing
Examiner in the last decade;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A.
Section 2. Staff is authorized to work with Code Publishing to correct and update any cross-
references made ineffective by these amendments.
Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance
shall not affect,,ohV 6Nif1fhq validity of the Ordinance as a whole or any part thereof other than the part
so declaretf�t�
ADOPT�D�tfr,°`aiyyro February
is2024.
WHATCOM C,O NTycCOYNCIL „
WHATCom C06'NTY�,WASFjINGTON
{ ATTEST.
i�
4 W ^
Dana Brown -Davis, Coupcil Clerk ' Bar uchanan, Council Chair
APPROVED as to form: " ` Approved O Denied
/s/Royce Buckingham approved via email on 1/31/2024/MR
Royce Buckingham, Civil Deputy Prosecutor
Satpal Sidhu, E ecutive
Date
Page 1 of 1
Exhibit A: Proposed Amendments to Abolish the Board of
Appeals and Transfer Duties to the Hearing Examiner
TITLE 2 ADMINISTRATION AND PERSONNEL
Chapter 2.11 Hearing Examiner
2.11.210 Final Decisions.
In accordance with the provisions of Chapter 22.05 WCC, the hearing examiner shall conduct open
record hearings and prepare a record thereof, and make a final decision upon the following matters:
A. Appeals from any order, permits, decisions or final determinations made by an administrative
official or committee in the administration of this Title, WCC Title 15, WCC Title 16, Environment,
WCC Title 17, Flood Damage Prevention, WCC Title 20, Zoning, WCC Title 21, Land Division
Regulations, WCC Title 22, Project Permit Procedures, WCC Title 23, Shoreline Management
Program, or WCC Title 24, Health Code.
2.11.220 Rules and regulations.
The Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of
hearings before him or her, subject to approval by the County Council; and also, to issue summons for
and compel the appearance of witnesses, to administer oath, and preserve order. The opportunity of
cross-examination of witnesses shall be afforded all parties with standing or their counsel in accordance
with the rules of the hearing examiner.
1