The URL can be used to link to this page

Home My WebLink Aboutord2024-007strike�C.0m CO` P y 3� < �q`SH 1 NGtO� Whatcom County Agenda Bill Report File Number: AB2024-100 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 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 Printed on 211212024 Agenda Bill Report Continued (AB2024-100) Whatcom County Page 2 Printed on 211212024 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 affectoMYffipa'if"the validity of the Ordinance as a whole or any part thereof other than the part so declared"to be'i6valid. ADOPTED this 6th' ` day of February 2024. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTE o Dana Brown -Davis, Council Clerk Bar uchanan, Council Chair APPROVED as to form: /s/Royce Buckingham approved via email on 1/31/2024/MR Royce Buckingham, Civil Deputy Prosecutor Approved ( ) Denied S4*4 IY�I�•� Satpal Sidhu, E ecutive 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, exeept f^F building and fiFe 9de Feq irernents, 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 ;.,teeparties with standing or their counsel in accordance with the rules of the hearing examiner. -- -- - .... .. .. -- .. ... .. .. ... . ... NMI.. - - •- - •--••-- - Ml .. in the heFein, the beaFd may, in confaFrAky with the applicable code eF exeFeising peweFs gFanted determination appealed fFeFn, and may make such aFdeF, FequiFement, deeisien, eF deteFrAinatien as be made, and te that eRd, shall have all powers fer the effirtar from whem the appeal is beiRg heard- may hear any peartinent facts; beaFing an the ease. A. Thia dpr-mi;;nn nf thp hpard ;h;;" hp deemed final, that the bE)aFd May FeGensideF any eeisien by it iR except by to days thp date made upon a timely metien wFiting submitted a paFty appeal withiR seven Af 1. IFFegLi!aF*ty in the the bE)aFd, by such was fro.m. Waving a fai pFeceedings of heefing� 3. Newly diSGGVeFed mateFial fE)F which paFty prevented the making the appliGatien wher--.h he net with evidenee, able diligence have d-:-r.,.r.,.•.,.d and .. G WhPR mptkim fiqr served party O d. ced at the h.,-.-:.,., and filed, the beard shall determine whethPr he Fn9t*E)A be heaFd if the tirne R-;;*UFe ef the heaFing. The beaFd Shall notify the shall and, se, sehedule and paFties f:..+hp +:PA.,yo:+h:n wh:r-h +hp h.:.,f;hill h., gp d ;;P d f:lp d �ra�:Derrrr.�rrEr.��r�nr:�rr.�rsr.�rs��:�rrra I NOR Im.. ............ ..... MITS MUM IF ., z•rzzr.T. . . . . .. ... .. . .... .. . .. .. ..... .. . ... rner.�a�:r. ir.�a�r�:e�r..r.�,�:�s*�nsn:*:irre�ni