ORD 2011-23 RELATING TO THE HEARING EXAMINERORDINANCE NO. 2011-23
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the
hearing examiner and amending Section 2.38.025 of the Bainbridge Island
Municipal Code.
WHEREAS, the City Council from time to time has deemed it appropriate to assign to
the hearing examiner the responsibility to hold hearings and make certain specialized
determinations; and
WHEREAS, some of these assignments may appropriately be made by City Council
resolution rather than ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.38.025 of the Bainbridge Island Municipal Code is hereby amended to read
as follows:
2.38.025 Hearing examiner responsibilities and duties.
A. The hearing examiner is responsible for conducting hearings on and adjudicating
quasi judicial cases involving a variety of complex land use and regulatory compliance
issues, and other issues which the city council may designate to the hearing examiner by
ordinance or resolution. The hearing examiner shall issue decisions or recommendations
based on relevant ordinances, regulations, policies, statutes, and other authorities.
B. Duties. In addition to any other duty established by ordinance or resolution, the
hearing examiner:
1. Supervises and evaluates the work of employees as required.
2. Develops procedural rules for the scheduling and conduct of hearings and related
matters. Such rules shall be ke-p~~~~z~~ available from the office of the city cleric
upon request.
3. Reviews properties that are the subject of hearings to become familiar with the ten°ain
and relationships to other properties.
4. Receives and examines hearing related documents, and reviews case files, city codes
and policies, environmental impact statements, plot plans and topographical maps.
5. Evaluates testimony and evidence, prepares records, enters final written findings, and
imposes conditions to conform projects to city ordinances and land use policies.
6. Maintains knowledge of current relevant state and city land use laws, policies and
related state and federal court decisions.
7. Prepares reports and correspondence to the city manager, city council, and planning
commission as requested.
8. Prepares and submits annual written reports to the city manager and city council,
including how many hearings have been conducted, the final outcome of hearings, the
time required to issue decisions and the cost of hearings.
9. Meets with the city manager, city council, planning commission and staff as requested,
to identify conflicts in the code.
10. When necessary, recommends candidates for pro tem hearing examiner, for approval
by the city manager.
Section 2. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 30th day of November, 2011.
APPROVED BY THE MAYOR this 30th day of November, 2011.
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY `hHF, CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
Kirsten opoulos, Mayor
November 18, 2011
November 30, 2011
December 2, 2011
December 7, 2011
2011-23
2