Loading...
HomeMy WebLinkAbout896RESOLUTION NO. ~ A RESOLUTION of the City of Kent, Washington, relating to appeal procedures before the City Council. WHEREAS, the City Council would like to standardize the procedures to be followed on all appeals from decisions of the Hearing Examiner when such appeal has been authorized by ordi- nance; and WHEREAS, such procedures will enable all testimony to be fairly evaluated and be given its proper weight; and WHEREAS, copies of such rules of procedure are to be made available for public inspection in compliance with the re- quirements of the public records section of Initiative 276; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE: Section 1. A written appeal must be filed with the City Clerk within fourteen (14) days of action taken by the Hearing Examiner when such appeal has been authorized by ordi- nance. Section 2. A fee of $25.00 must be paid at the time of filing the written notice of appeal. No notice of appeal shall be accepted unless accompanied by full payment of the filing fee. After filing of the notice, payment of the fee and the preparation of the transcript, the City Clerk shall set a date for hearing the appeal and shall notify all parties who testified at the hearing before the Hearing Examiner of the appeal and of the date set for the hearing thereon. Section 3. Within thirty (30) days of action taken by the Hearing Examiner, the appellant shall order from the City Clerk, on a form provided by the Clerk, a full transcript of the hearings before the Hearing Examiner and shall post at the time of such order, security in the amount of One Hundred Dol- lars ($100.00) for each tape to be transcribed. Should the security not be posted, such appeal shall be deemed abandoned. '1, Should the actual cost incurred by the City in prep- aration of the transcript exceed the amount of security post- ed, the appellant shall be required to reimburse the City for the amount of such excess prior to the hearing by the Council. Should the actual cost incurred by the City be less than the amount of security posted, any credit due shall be reimbursed by the City to the appellant. Section 4. Any person may request waiver of the filing fee and the fee for a transcript of the hearings contained in Section 2 and 3 above by filing the following documents and information: (a) an affidavit stating his or her net financial worth does not exceed $20,000; (b) an affidavit stating his or her annual income does not exceed $5,200; (c) a brief statement of the issues sought to be reviewed. (d) a designation of those parts of the record the party thinks are necessary for review; (e} a statement that review is sought in good faith. The City Clerk may waive charges imposed by Section 2 and Section 3 of this Resolution provided the above informa- tion is submitted, the person's net worth does not exceed $20,000 and annual income does not exceed $5,200. This section shall be applicable only to individuals over eighteen (18) years of age who will be adversely affected by the action of the Hear- ing Examiner. This Section shall not apply or be available to corporations, companies, partnerships, or any business, enter- prise, community clubs or any social or recreational organi- zation. Section 5. Every appeal shall be based upon the record. For the purposes of this Section, the record shall consist of: (a) the notice of appeal. (b) the findings and recommendations of the Hear- ing Examiner. (c) evidence received by the Hearing Examiner. (d) staff report. (e) transcript of the proceedings. (f) minutes of the proceedings. - 2 - Section 6. The appellants and the opponents to the appeal may have thirty (30) minutes each to present oral ar- gument before the Council provided that the appellants may reserve a portion of their time for rebuttal. Such oral ar- gument shall be confined to the record and to any alleged er- rors therein or to any allegation of irregularities in procedure before the Hearing Examiner. The Council may request addi- tional information from any staff member, party or members of the audience at its discretion. Such additional information need not be contained or referenced within the record. Section 7. If the Council finds that: (a) there has been substantial error; (b) the proceedings were materially affected by irregularities in procedure; or (c) the recommendation was unsupported by ma- terial and substantial evidence in view of the entire record as submitted; or (d) the recommendation is in conflict with the City's Comprehensive Plan; or (e) insufficient evidence was presented as to the impact on surrounding area; it may remand for a further hearing before the Hearing Examiner or may reject the Hearing Examiner's recommendation and deny the proposal as submitted by the Hearing Examiner. In addition, the council may chose to modify the proposal and approve. Further, any proposal may be continued to a time certain for additional city staff analysis desired by the Council, before a final determination by the Council. If the Council finds none of the above procedural or factual basis for the appeal and believes that there has been no substantial error, the Council may adopt the findings of the Hearing Examiner, concur with the recommendations of the Hearing Examiner and approve the proposal as submitted by the Hearing Examiner. Section 8. This procedure is the only method of bring- ing alleged errors or irregularities in procedure which may have occurred before the Hearing Examiner to the attention of the Council. All objections are deemed waived if no appeal is taken from the action by the Hearing Examiner. - 3 - /t~ASSED at a regular meeting of the Kent City Council this~ day of June, 1980. .. ' ISABEL HOGAN, MAY:0R ATTEST: MARIE JENSEN, '?tTY CLERK I he~by1 certify that this is a true copy of Resolu- tion No. {[_J ~ , passed by the City Council of the City of Kent, Washington, the~ day of June, 1980. ;c;z~ - 4 -