ORD 2003-08 HEARING EXAMINER ORDINANCE NO. 2003 - 08
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the heating examiner; adding new Section 2.38.025 to
the Bainbridge Island Municipal Code.
WHEREAS, Chapter 2.38 of the Bainbridge Island Municipal Code contains provisions
regarding the City's hearing examiner; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
amend the provisions of the City code relating to the hearing examiner as set forth in this
Ordinance; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new Section 2.38.025 is added to the Bainbridge Island Municipal Code
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. 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, the hearing
examiner:
1. Supervises and evaluates the work of employees as required.
2. Develops procedural roles for the scheduling and conduct of
hearings and related matters. Such rules shall be kept on file with
the office of the city clerk.
3. Reviews properties that are the subject of hearings to become
familiar with the terrain and relationships to other properties.
Approved /lpri123, 2003 I
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 Mayor, City Council
and Planning Commission as requested.
8. Prepares and submits annual written reports to the Mayor and City
Council, including how many heatings have been conducted, the
final outcome of heatings, the time required to issue decisions and
the cost of hearings.
9. Meets with the Mayor, City Council, Planning Commission and
staff as requested, to identify conflicts in the code.
10. When necessary, recommend candidates for pro tem hearing examiner, for
approval by the Mayor.
Section 2. This ordinance shall take effect and be in force five days from and after
its passage, approval and publication as required by law.
PASSED by the City Council this 23~ day of April 2003.
APPROVED by the Mayor this 24* day of April 2003.
Darlene Kord0nowy, ~l'ayor ?~
ATTEST/AUTHENTICATE:
Stfsan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: February 5, 2003
PASSED BY THE CITY COUNCIL: April 23, 2003
PUBLISHED: April 30, 2003
EFFECTIVE DATE: May 5, 2003
ORDINANCE NUMBER: 2003-08
Approved Apri123, 2003 2