ORD 94-35 APPEALS FROM ADMINISTRATIVE DECISIONSORDINANCE NO. 94-35
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to appeals from administrative
decisions and hearing examiner decisions amending
Section 2.16.060 of and adding a new section 2.16.070
to the Bainbridge Island Municipal Code.
WHEREAS, the City Council desires to amend the appeal procedures for
administrative decisions and hearing examiner decisions; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON DO ORDAIN, AS FOLLOWS:
Section 1. Chapter 2.16.060 of the Bainbridge Island Municipal Code is amended
as follows:
2.16.060 Appeal Procedures - Administrative Review.
A. Applicability. This section is applicable to all hearings conducted in response to appeals
of administrative decisions, departmental rulings and interpretations made in accordance
with the administrative review procedures of Section 2.16.010. Appeals of decisions
made in accordance with Chapter 16.04 of this Code, the city's SEPA rules, shall be
made according to the procedures in that chapter.
B. Form of the Appeal.
1. All appeals shall be filed in writing with the city clerk within 10 calendar days
of the date of the decision or within a time frame otherwise specified by law.
2. All appeals shall identify the decision appealed, and the date of the decision, and
shall contain a summary of the grounds for the appeal.
3. The appropriate fee as established by city resolution must be paid at the time of
filing the notice of appeal. No appeal will be processed without receipt of the
appropriate fee.
4. Following receipt of a notice of appeal and payment of the appropriate fee, a
public hearing shall be set with the Hearing Examiner.
5. All written comments and related documents received prior to the appeal hearing
shall be transmitted to the hearing examiner no later than the hearing date.
C. Content of Appeal. The appeal hearings shall be limited to the issues specified in the
written appeal.
D. Notice Requirements.
1. Content. A notice of an appeal hearing shall contain the following information:
a. The decision being appealed, the name of the appellant, the name of the
applicant and the project name, if applicable;
b. The street address of the subject property, and a description in non -legal
terms sufficient to identify its location;
C. A vicinity map indicating the location of the subject property;
d. A brief description of the decision being appealed;
e. The date, time and place of the appeal hearing and name of Hearing
Examiner;
f. A statement of who may participate in the appeal;
and
g. Name and telephone number of the City's project manager.
2. Time of Notice. The Hearing Examiner or his or her designee shall provide
notice of the appeal hearing at least 10 calendar days prior to the hearing or as
otherwise provided by law.
3. Method of Notice. Notice of an upcoming appeal hearing shall be provided by:
a. Posting notice in the legal posting places of the city;
b. Publishing notice in the official newspaper of the city; and
C. Mailing notice to the applicant and the appellant.
4. Continuation of Hearing. A hearing may be continued to a date certain without
additional notice.
E. Participation in the Appeal Hearing. Participation in an appeal hearing is limited to
the applicant, the appellant, appropriate city staff, any witnesses called by each and any
non-party if the hearing examiner determines that the testimony will be relevant to the
issue on appeal and non -repetitive of the testimony of other witnesses.
F. Decision on the Appeal.
Hearing. In considering appeals, the hearing examiner shall consider all
information on file with the Department and any other relevant information and
do one of the following:
a. Affirm the decision;
b. Reverse the decision;
C. Affirm the decision with modifications; or
d. Remand the decision to the department director or other department head
or to the Planning Commission for further consideration. The hearing
examiner shall include in the order the issues to be reviewed on remand.
2. Standard of Review. Upon completion of the appeal hearing the Hearing
Examiner shall render a decision, in accordance with Section 2.16.060 F. 4.;
giving substantial weight to the decision of the department director.
3. Conditions. The hearing examiner may include conditions as part of a decision
granting, or granting with modifications an appeal to insure conformance with this
code, the city's comprehensive plan or other applicable laws or regulators.
4. Written Decision. Within 20 working days after completion of the public hearing
unless the appellant and the hearing examiner have consented to an extension of
time, the hearing examiner shall issue a written decision on the appeal which
contains the following:
a. The decision of the hearing examiner granting or denying the appeal in
whole or in part;
b. Any conditions included as part of the decision on the appeal;
C. Findings of facts upon which the decision, including any conditions, is
based and the conclusions of law derived from those facts; and
d. A statement of the right of an affected applicant or appellant to appeal the
decision of the hearing examiner.
5. Distribution. The hearing examiner or designee shall mail a copy of the written
decision to the applicant, the appellant and the applicable department director.
6. Appeal of the Decision of the hearing examiner. The decision of the hearing
examiner shall be final unless a party to the appeal pursues an appeal of the
decision to the city council pursuant to the procedures of Section 2.16.070.
Section 2. A new Section 2.16.070 is added to the Bainbridge Island Municipal Code
as follows:
2.16.070 Appeal Procedures - Hearing Examiner Decision.
A. Applicability. This section is applicable to all hearings conducted in response to appeals
of Hearing Examiner decisions made in accordance with the Hearing Examiner decision
procedures of Section 2.16.050 and 2.16.060. Appeals of decisions made in accordance
with Chapter 16.04 of this code, the city's SEPA rules, shall be made according to the
procedures in that chapter.
B. Form of the Appeal.
1. Any appeal shall be filed with the city clerk within 10 calendar days of the date
of the decision or within a time frame otherwise specified by law.
2. All appeals shall be filed in writing with the city clerk, shall identify the decision
appealed, and the date of the decision, and shall contain a summary of the grounds
for the appeal.
3. The appropriate fee as established by city resolution must be paid at the time of
filing of the notice of appeal. No appeal will be processed without receipt of the
appropriate fee.
4. Following receipt of a notice of appeal and payment of the appropriate fee, a
public hearing shall be set with the city council.
5. All written comments and related documents received prior to the appeal hearing
shall be transmitted to the city council no later than the hearing date.
C. Content of Appeal. Appeal hearings shall be limited to the issues specified in the
written appeal.
D. Notice requirements.
1. Content. A notice of an appeal hearing shall contain the following information:
a. The decision being appealed, the name of the appellant, the name of the
applicant and the project name, if applicable;
b. The street address of the subject property, and a description in non -legal
terms sufficient to identify its location;
C. A vicinity map indicating the location of the subject property;
d. A brief description of the decision being appealed;
e. The date, time and place of the appeal hearing before the city council;
f. A statement of who may participate in the appeal; and
g. Name and telephone number of the city's project manager.
2. Time of Notice. The city clerk shall provide notice of the appeal hearing at least
10 calendar days prior to the hearing or as otherwise provided by law.
3. Method of Notice. Notice of an upcoming appeal hearing shall be provided by:
a. Posting notice in the legal posting places of the city;
b. Publishing notice in the official newspaper of the city; and
C. Mailing notice to the applicant and the appellant.
4. Continuation of a Hearing. A hearing may be continued to a date certain
without additional notice.
E. Participation in the Appeal Hearing. Participation in an appeal hearing is limited to
the applicant, the appellant, appropriate city staff, any witnesses called by each and any
non-party if the city council determines that the testimony will be relevant to the issue
on appeal and non -repetitive of the testimony of other witnesses.
F. Decision on the Appeal.
1. Hearing. In rendering a decision regarding an appeal, the city council shall do
one of the following:
a. Affirm the decision; or
b. Reverse the decision; or
C. Affirm the decision with modifications; or
d. Remand the decision to the Hearing Examiner for further consideration
including a statement of the issues to be reviewed on remand.
2. Criteria.
a. All appeals shall be heard only on the record, unless the city council
determines that additional information is necessary. If additional
information is requested, the city council shall specify the nature of the
information.
b. The city council may include conditions as part of a decision granting,
or granting with modifications, the appeal if the city council finds that the
decision was clearly erroneous.
3. Conditions. The city council may include conditions as part of a decision
granting or granting with modifications an appeal to insure conformance with this
code, the city's comprehensive plan or applicable laws or regulations.
4. Written Decision. The city council shall issue a written decision on the appeal
which contains the following:
a. The decision of the city council on the appeal;
b. Any conditions included as part of the decision on the appeal;
C. Findings of facts upon which the decision, including any conditions, is
based and the conclusions of law derived from those facts; and
d. The right of an affected applicant or appellant to appeal the decision of the
city council.
5. The city clerk or his or her designee shall mail a copy of the written decision to
the applicant, the appellant, the Hearing Examiner and the applicable department
director.
6. Appeal of the Decision of the city council. The decision of the city council shall
be final unless a party to the appeal, within 30 days after such decision is made,
makes application to Kitsap County Superior Court for a writ of review.
Section 3. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the city council this 12th day of January, 1995.
APPROVED by the Mayor this 31st day of January, 1995.
ATTEST/AUTHENTICATE: JANET K. WEST, Mayor
{ L
USAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: 1-12-95
PASSED BY THE CITY COUNCIL: 1-12-95
PUBLISHED: 2-1-95
EFFECTIVE DATE: 2-6-95
ORDINANCE NO. 94-35