HomeMy WebLinkAboutord2025-043strikeWhatcom County
Agenda Bill Master Report
File Number: AB2025-537
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID:
AB2025-537
Version:
1 Status: Adopted
File Created:
07/15/2025
Entered by:
LBruner@co.whatcom.wa.us
Department:
Council Office
File Type:
Ordinance
Assigned to: Council Final Action: 09/09/2025
Agenda Date: 09/09/2025 Enactment #: ORD 2025-043
Related Files:
Primary Contact Email: Ibruner@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Title 22 to clarify the roles and duties of participants in
the Hearing Examiner process
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See attached
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/22/2025 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
09/09/2025 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Attachments: Memo, Proposed Ordinance, Substitute Ordinance
Whatcom County Page 1 Printed on 911012025
PROPOSED BY: Hearing Examiner
INTRODUCTION DATE: July 22, 2025
ORDINANCE NO. 2025 - 043
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 22 TO CLARIFY THE ROLES AND
DUTIES OF PARTICIPANTS IN THE HEARING EXAMINER PROCESS
WHEREAS, the Whatcom County Council has adopted the Hearing Examiner process and understands
that clear and transparent ordinances and rules are needed and need to be updated from time to time
to promote good governance; and
WHEREAS, the Whatcom County Council has the authority and proper interest in regulating
administrative decisions through ordinances and ensuring such regulation is done in a logical manner
with due process and without redundancy or ambiguity in the code; and
WHEREAS, the Council wishes to make clear in ordinance the Hearing Examiner's authority that has
previously been approved by the Council through consistent rule promulgations as far back as 1986;
and
WHEREAS, the Council wishes to update the appropriate codes and has duly considered the proposed
revisions to Title 22, put forward by the Hearing Examiner, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council has reviewed the revised
ordinance described above and finds the changes to be appropriate; and
BE IT FINALLY ORDAINED that the Council hereby adopts the revised sections of Title 22 as
reflected in Exhibit A.
ADOPTED this 9th day of September
ATTEST: ��;t����id-_a9®jj/j
% f1
Cathy ler' o e Councl(
A I":: OF�� m
APPROVEDA7T0
a fir'1NC,
approved by. Kimberly Thulin1 j,°LB
Civil Deputy Prosecutor''
2025.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
71�A 1 '17 .
Kgyleetdalloway, Council Chai
Approved () Led
Satpal Si hu, County Executive
Date: • 12 --ZS
Exhibit A
22.05.090 Open record hearings.
(b) Except in the case of appeals, WNA/ithin two days of the published notice the
applicant shall beresponsible for posting three copies ofthe notice ina
conspicuous manner on the property upon which the use is proposed. Notices
shall beprovided b»the hearing examiner.
(c)Except inthe case ofappeals, Aanaffidavit verifying distribution ofthe notice
must be submitted to the hearing examiner at least two working days prior to the
open record hearing.
(d)M. Except in the case of appeals, Tihe applicant shall pay all costs associated
with providing notice. |nthe case ofappeals, the appellant shall pay all costs
associated with providing notice.
Z2.O5.l1OFinal decisions —Type |,U,and III applications.
(c) The hearing examiner shall render a final decision within 14 calendar days
following the conclusion ofall testimony and hearings, absent emergent
circumstances or the issuance of a formal order from the Hearing Examiner
specifying the reason for the need and the amount ofadditional time for @final
decision tVbeissued. Each final decision ofthe hearing examiner shall bein
writing and shall include findings and conclusions based on the record to support
the decision.
22.05.120 Recommendations and final decisions —Type IV processes
/4l _
(b) The hearing examiner shall file the recommendation with the clerk of the
county council within 2lcalendar days following the conclusion ofthe open
record hearing, absent emergent circumstances or the issuance of a formal order
from th.e'Hearing Examiner specifying the reason for the need and the amount 8F
acldii�onal trnl- for 3final decision tobeissued.
22.07.080 Expiration of shoreline permits.
(S)The af director, as needed, shall notify the Department
of Ecology in writing of any change to the effective date of a permit with an explanation
ofthe basis for approval ofthe change. Any change tothe time limits ofapermit other
than those authorized shall require onew permit application.