ORD 77-24 HEARING EXAMINERSORDINANCE NO. 77- 24
AN ORDINANCE ~4ENDING ORDINANCE 76-19, REGARDING
HEARING EXAMINERS, WHICH REVISES THE PROCEDURES
FOR ADMINISTRATIVE HEARINGS IN COMPLIANCE WITH
CHAPTER 213, LAWS OF 1977.
The City Council of the City of Winslow do ordain as follows:
Section 7, Administrative Hearings, of Ordinance 76-19 is hereby
amended to read as follows:
A. All petitions for variances from the zoning ordinance,
conditional use permits, or other land use decisions as
designated by the City Council shall be filed with the City
on forms provided and transmitted to the Planning Agency for
review and recommendation. Within thirty 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. All other admini-
strative hearings as the City Council shall provide shall be
filed with the City and referred directly 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 Fxaminer shall be final unless within ten
(10) days after filing of said decision, the decision is
appealed to the City Council. Upon receipt of any notice of
appeal, the decision of the Hearing Examiner, together with
the complete record thereof, shall be transmitted to the
City Council which shall at a public meeting, either regu-
larly scheduled or specially called, within thirty (30)
days after filing of the Notice of Appeal, review the decision
of the Hearing Examiner. The City Council may affirm,
disaffirm or refer back for further proceedings any decision
of the Hearing Examiner. Any decision of the City Council
shall be final unless an adverse party, within ten (10) days
after such decision is made, makes application to the 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 recommendation 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 because 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 October, 1977.
Mayor
ATTEST:
C~ty Clerk
of Beresford, Booth, Lehne, McKisson
& Baronsky
City Attorneys