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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. , '-'.'/ ,,0' {':.o~-4l"'/' ,pi;li~pr4t~ Darlene Kordonowy, Mayor f . j ATTEST/AUTHENTICATE: /J I. '.\ J ' .:._j J~/ . 0L~ v. /(~~,{,/ 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 f ,&~ ~ER, City Clerk