ORD 2006-14 ASSESSMENT ROLLS
ORDINANCE NO. 2006-14
AN ORDINANCE of the City of Bainbridge Island, Washington, providing
for the use by the city of a hearing officer when
authorized and directed by the City Council to conduct
final assessment roll hearings and to consider final
assessment rolls and the individual assessments upon
property within local improvement districts prior to
flnal Council action on such rolls, establishing
procedures; and creating new Chapter 3.50 of the
Bainbridge Island Municipal Code.
WHEREAS, RCW 35.44.070 authorizes the City Council to direct that hearings on any
final assessment roll in a local improvement district be conducted by an officer designated by the
City Council; and
WHEREAS, the City Council intends to provide for the altemative of designating a
Hearing Officer as the officer to conduct such hearings when in the determination and discretion
of the City Council the complexity ofthe assessment roll or any other issues involved would best
be refened for hearing before a professional hearing officer prior to final Council action on the
assessment roll and assessments; and
WHEREAS, the City Council wishes to create a new chapter for that purpose, to be
codified as Chapter 3.50 of the Bainbridge Island Municipal Code, now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new chapter is hereby created to the Bainbridge Island Municipal Code
(the "Code") entitled "Chapter 3.50, Hearing Officer for Local Improvement District Final
Assessment Roll Hearings". and shall read as follows:
"Section 3.50.01 O. Final Assessment Roll Hearing Officer Procedures and
Requirements.
A. As authorized by RCW 35.44.070, the City Council hereby provides for
delegating, whenever directed by majority vote of the City Council, the duty of
conducting public hearings for the purpose of considering and making
recommendations on final assessment rolls and the individual assessments upon
property within local improvement districts to a Hearing Officer appointed under
this section, and the Hearing Officer is directed to conduct such hearings in the
manner provided by law and make those recommendations when thus authorized
by the City Council.
B. All objections to the confirmation of the assessment roll shall be in writing
and identify the property, be signed by the owners and clearly state the grounds of
the objection. Objections not made within the time and in the manner prescribed
and as required by law shall be conclusively presumed to have been waived.
C. The Hearing Officer shall conduct the final assessment roll hearing to be
commenced at the time and place designated by the City Council, cause an
adequate record to be made of the proceedings, and make written findings,
conclusions and recommendations to the City Council following the completion
of such hearing, which may be continued and recontinued as provided by law
whenever deemed proper by the Hearing Officer.
D. The recommendations of the Hearing Officer shall be that the City
Council correct, revise, lower, change or modify the roll or any pmi thereof, or set
aside the roll in order for the assessment to be made de novo, or that the City
Council adopt or correct the roll or take other action on the roll as appropriate,
including confirmation of the roll without change. The recommendations of the
Hearing Officer shall be filed with the City Clerk and be open to public
inspection. AU persons whose names appear on the assessment roll who timely
filed written objections to their assessments shall receive mailed written
notification oftheir assessments recommended by the Hearing Officer.
E. All persons who shall have timely filed written objections to their
assessments may appeal the recommendations of the Hearing Officer regarding
their properties to the City Council by filing written notice of such appeal with the
City Clerk within lO calendar days after the date of mailing of the Hearing
Officer's recommendations.
F. Such appeals shall be based exclusively upon the record made before the
Hearing Officer and shall be considered by the City Council at a public meeting.
No new evidence may be presented. Arguments on appeal shall be either oral or
written as the City Council may order.
G The City Council shall adopt, modify or reject the recommendations of the
Hearing Officer in whole or in part, in the discretion of the Council, at a public
meeting and shall act by ordinance in confirming the final assessment roll.
H. Any appeal from a decision of the City Council regarding any assessment
may be made to the Superior Court within the time and in the manner provided by
law.
Section 3.50.020. Independent and Alternative Hearing Officer Process for Final
Assessment Roll Hearings. The procedures set forth in this chapter are
independent of and alternative to any other hearing or review processes heretofore
or hereafter established by the City, and shall govern the conduct and review of
final assessment roll hearings conducted before Hearing Officers and related
proceedings when authorized and directed by the City Council.
Section 3.50.030. Procedural Rules. Rules of Procedure for the Office of the
Hearing Examiner, known as the Hearing Examiner Rules, approved by
Resolution No. 2003- I 4, as now in effect or hereafter amended, may be applied,
at the discretion of the Hearing Officer, to the procedures set forth in this chapter
if they are consistent with the provisions of this chapter, and Chapter 35A.43
RCW."
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, sucb
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall take effect five (5) days after passage
and publication as required by law.
PASSED by tbe City Council of the City of Bainbridge Island, Washington, this 12th day
of April, 2006.
APPROVED by the Mayor this 13th day of April 2006.
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Darlene Kordonowy, Mayor f
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ATTEST/AUTHENTICATE:
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S/usan P. Kasper, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO.:
March 15,2006
April 12" 2006
April 19,,2006
April 24., 2006
2006-14
CER TIFICA,TION
1, the undersigned, City Clerk of the City of Bainbridge Island, Washington (the "City")
hereby certify as follows:
1. The attached copy of Ordinance No. 2006-14 (the "Ordinance") is a full, true and
correct copy of the Ordinance duly adopted at a regular meeting of the City Council held at the
regular meeting place thereof on April 12, 2006 as the Ordinance appears on the minute book of
the City;
2. A quomm of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the adoption of
the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of April, 2006.
CITY OF BAINBRIDGE ISLAND, WASHINGTON
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~ER, City Clerk