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ORD 76-19 HEARING EXAMINER ORDINANCE NO. 76-19 A2~ ORDINANCE AU~IORIZING THE EI~fPLOYMENT OF JUDICIAL OFFICERS TO SERVE AS HEARING EXA~MI~JERS WITHIN THE CITY OF WINSLOW: ESTABLISHING THE PROCEDURES FOR THE CONDUCT OF CERTAIN PUBLIC HEARINGS Arid PROVIDING FOR THE APPOINTMENT AND CO~{PENSATION OF JUDICIAL,~ OFFICERS TO BE DESIGNATED "HEARING EXAMINERS". The City Council of the City of Winslow do ordain as follows: SECTION 1. POLICY. Because the conduct of public hearings in quasi-judicial and administrative matters generally involve disputed issues, it is hereby determined that it is in the best interest of the residents of the City of Winslow to create judicial officers hereinafter to be designated as "Hearing E}~aminers" whose duties shall be judicial in nature and according to procedures established by Court Rules as adopted by Municipal Court or fixed by this Ordinance all pursuant to the provisions of RCW 35.20.205. Whenever any ordinance of the City of Winslow requires a public hearing, except as set forth in Section 5 hereof, such hearings shall be conducted by the ltearing Examiner according to the procedures established for public hearings. SECTION 2. APPOINTMENT OF HEARING EY~a~MINER. The Hearing Examiner shall be appointed by tlne Mayor, confirmed by the City Council, and shall serve for a term of four (4) years. The appointed Hearing Examiner shall be removed only upon conviction of misconduct or malfeasance in office or because of physical or mental disability rendering him incapable of performing the duties of his office. The compensation of the Hearing Examiner may be abolished before termination of the term if the City enters into a joint intergovernmental agreement with any other city or Kitsap County to provide for a joint hearing examiner procedure. The Hearing Examiner shall be deemed a Judge Pro Tern of the Municipal Court and his office shall constitute a division thereof. The duties and responsibilities of the Hearing Examiner shall be judicial in nature and shall be fixed by court rule of the Municipal Court or by ordinance of this City. SECTION 3. NON-INTERFERENCE. No person shall interfere with or attempt to influence the Hearing Examiner in the performance of his duties except at a public hearing, nor shall the Hearing Examiner discuss the merits of any pending cases with any other persons except at a public hearing. Any violation of this provision shall be deemed a misdemeanor and may be punished by a fine of not more than $500.00 or imprisonment in the City Jail for not more than six (6) months, or both such fine and imprisonment. SECTION 4. LEGAL COUNSEL FOR HEARING EXAMINER. General legal advice to the Hearing Examiner will be provided by the City Attorney except that in a contested case wherein the City will be represented by the City Attorney, the Hearing Examiner may, with the concurrence of the Municipal Judge, appoint independent counsel to render legal advice to the Hearing Examiner the cost of which shall be borne by the City. SECTION 5. LEGISLATIVE PUBLIC HEARINGS. All recommendations for amendments to the Comprehensive Plan, official zoning map, or official zoning ordinance, whether initiated by the City Council or any City Official, shall be first sent to the Planning Commission for review and recommendation. Upon receipt of any recommendation or request, or upon its own initiative, the Planning Agency shall, within forty-five (45) days of receipt thereof, hold a public hearing in the manner set forth by pro- cedures established for public hearings promulgated pursuant to the terms of this ordinance on said recommendation, and following said public hearing shall transmit to the City Council for final action its recommendation. Upon receipt by the City Council of any recommendation under the provisions of this Section, the City Council may, but is not required to, hold additional public hearings in the same manner as provided herein, or it may affirm, modify or send back for further consideration the recommendations received from the Planning Agency. Upon affirmation of any recom- mendation for amendment to the official zoning map, zoning ordinance or comprehensive plan, the City shall adopt the necessary ordinance which shall be transmitted to the City Clerk and published in the manner provided by law. SECTION 6. QUASI-JUDICIAL ADVISORY HEARINGS. All applications for rezones, planned unit developments, or permits issued pursuant to the Shorelines Management Act which, under the terms thereof or the regulations of the Department of Ecology, require a public hearing, shall be referred to the Planning Agency for review and recommendation.Within thirty (30) days after referral of any application to the Planning Agency, the Planning Agency shall review said application and prepare a formal recommendation which shall be transmitted to the Hearing Examiner who shall conduct a public hearing on said application in the manner provided by this Ordinance. Upon completion of the public hearing, the Hearing Examiner shall be transmitted to the City Council within thirty (30) days thereafter which shall take final action. The City Council may affirm, modify or refer back for further hearings and recommendations to the Hearing Examiner. SECTION 7. ADMINISTP~TIVE HEARINGS. A. All petitions for variances from the zoning ordinance and conditional use permits shall be filed with the City on forms provided and transmitted to the Planning Agency for review and recommendation. Within thirty (30) days after receipt thereof, the Planning Agency shall prepare up a formal recommendation on the application and refer the matter to the Hearing Examiner for a public hearing. Upon completion of the public hearing, the Hearing Examiner shall make findings, conclusions and a decision on the application. Any decision of the Hearing Examiner shall be final unless within ten (10) days after filing of said decision, the decision is appealed to the Board of 3 Adjustment. Upon receipt of any notice of appeal, the decision of the Hearing Examiner, together with the complete record thereof, shall be transmitted to the Board of Adjustment which shall schedule a meeting to review the decision of the Hearing Examiner. The Board of Adjustment may affirm, disaffirm or refer back for further proceedings any decision of the Hearing Examiner. Any decision of the Board of Adjustment shall be final unless an adverse party, within ten (10) days after such decision is made, makes application to Superior Court for Kitsap County for Writ of Certiorari, a Writ of Prohibition, or a Writ of Mandamus. B. Any application for a variance from the Building Code or other building administrative code shall be first filed with the building official. The building official shall review the recommendatio~ and make a decision thereon. The decision of the building official shall be final unless, within thirty (30) days from the date of said decision, the applicant files a Petition for Review to the Board of Adjustment. Upon receipt of any Petition for Review of a decision of the building official, the Board of Adjustment shall determine whether or not the matter requires a public hearing either b&cause of its nature (whether controversial or of major importance) or required by the provisions of the particular administrative code from which the appeal is taken, and if the hearing is to be held, the Board of Adjustment shall refer the matter to the Hearing Examiner to conduct the hearing in the manner provided by this ordinance. The hearing and procedures shall be in the same form and manner as provided in subsection A above. PASSED by the City Council of the City of Winslow on the day of ~~ ~, 1976. ATTEST: City Clerk · of Beresford, Booth, Lehne, McKisson & Baronsky City Attorneys