Loading...
HomeMy WebLinkAbout2180ORDIN AN 'A LED EY IT 17a_�s ORDINANCE NO. �1g� AN ORDINANCE of the City of Kent, Washington, creating office of Hearing Exam- iner; establishing qualifications for the position; providing for the appointment of a suitable person to the position; defining the duties of the position; providing basic procedures for hearings before the Examiner; providing for review and or appeal of Exam- iner's decisions; providing for appeals from City Council actions following the review of decisions of the Examiner; and repealing con- flicting ordinances. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. TITLE. This Ordinance shall be hereinafter known as the "Land Use Hearing Examiner ordinance" or "Hearing Examiner", may be cited as such, will be hereinafter referred to as "This Ordinance" and the same shall be and constitute a new section of Chapter 2 of the Kent City Code. Section 2. GENERAL OBJECTIVES. It is the general ob- jective of this Ordinance to: 1. Provide a single, efficient, integrated land use regulatory hearing system. 2. Render land use regulatory decisions and recommenda- tions to the City Council. 3. Provide a greater degree of due process in land use regulatory hearings. 4. Separate the land use policy formulation and the land use policy administration processes. Section 3. CREATION OF LAND USE HEARING EXAMINER. The office of the Land Use Hearing Examiner, hereinafter referred to as Examiner, is hereby created. The Examiner shall interpret, review, and implement land use regulations as provided in this Ordinance and other ordinances. The term Examiner shall likewise include the Examiner Pro -tem. Section 4. APPOINTMENT AND TERMS. The Hearing Examiner and Examiner Pro -tem shall be appointed by the City Administrator and shall serve at the pleasure of the City Administrator. Section 5. COMPENSATION. The Examiner and Examiner Pro -tem may, at the discretion of the City Council, be classified REPPA L F n �3 as permanent part-time employees, or the City may contract with the Examiner and Examiner Pro -tem for the performance of duties described herein. The compensation to be paid the Examiner and Examiner Pro -tem shall be that established in the Annual City Budget. Section 6. QUALIFICATIONS. The Examiner and Examiner Pro -tem shall be appointed solely with regard to their qualifi- cations for the duties of the office which shall include, but not be limited to persons with appropriate educational experience, such as an Urban Planner, or Public Administrator, with at least five years experience, persons who have extensive experience in planning work in a responsible capacity, persons with legal ex- perience, particularly where that experience is in the area of land use management or administrative law. Section 7. EXAMINER PRO TEM - QUALIFICATIONS AND DUTIES. The Examiner Pro -tem shall, in the event of the absence or the inability of the Examiner to act, have all the duties and powers of the Examiner. Section 8. HEARINGS EXAMINER - CONFLICT OF INTEREST AND FREEDOM FROM IMPROPER INFLUENCE. The Examiner shall not con- duct or participate in any hearing or decision in which the Ex- aminer has a direct or indirect personal interest which might exert such influence upon the Examiner that might interfere with his or her decision making process. Any actual or potential con- flict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have the Examiner free from per- sonal interest or pre -hearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre -hearing interest contact impairs the Examiner's ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said Examiner Section 9. FREEDOM FROM IMPROPER INFLUENCE. No Council member, City official, or any other person shall attempt to inter fere with, or improperly influence the Examiner in the performanc - 2 - I of his or her designated duties. Section 10. DUTIES OF THE EXAMINER. 1. Applications. The Examiner shall receive and examine available information, conduct public hearings, pre- pare a record thereof, and enter findings of fact and conclusions based upon those facts, which conclusions shall represent the final action on the application, unless appealed, as hereinbelow specified, for the following types of applications: a) Conditional Use Permits b) Shoreline Permits (Including Variances) c) Sign Variances The Examiner shall receive and examine available in- formation, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions h based upon those facts, together with a recommenda- tion to the City Council, for the following applica- tions: a) Rezones b Preliminary Plats c) Final Plats d) Planned Unit Developments e) Special Use Combining Districts (Including Mobile Home Park Combining Districts) 2. Recommendation or Decision. a) The Examiner's recommendation or decision may be to grant or deny the application, or the Examiner may recommend or require of the applicant such con- ditions, modifications and restrictions as the Examiner funds necessary to make the application compatible with its environment and carry out the objectives and goals of the comprehensive plan, the zoning ordinance, the subdivision ordinance, and other codes and ordinances of the City of Kent. Conditions, modifications and restrictions which may be imposed are, but are not limited to, addi- tional setbacks, screenings in the form of land- scaping and fencing, covenants, easements and ded- ications of additional road rights-of-way; perform- ance bonds may be required to insure compliance - 3 - with conditions, modifications and restrictions. b) In regard to applications for rezone, preliminary and final plat approval, P.U.D.'s and Special Use Combining Districts the Examiner's findings and conclusions shall be submitted to the City Council, which shall have the final authority to act on such applications. The hearing by the Examiner shall constitute the hearing by the City Council. Section 11. APPLICATIONS. Applications for all matters to be heard by the Examiner shall be presented to the Planning Department. When it is found an application meets the filing re- quirements of the Planning Department it shall be accepted. The department shall be responsible for assigning a date of public hearing for each application which date shall not be more than 100 days after the applicant has complied with all requirements and furnished all necessary data to the Planning Department. Section 12. REPORT BY PLANNING DEPARTMENT. When such application has been set for public hearing, the Planning Depart- ment shall coordinate and assemble the comments and recommenda- tions of other City departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the Planning Department find- ings and supportive recommendations. At least seven (7) calendar days prior to the scheduled hearing, the report shall be filed with the Examiner and copies thereof shall be mailed to the appli- cant and shall be made available for use by any interested party for the cost of reproduction. Section 13. PUBLIC HEARING. Before rendering a decision or recommendation on any application, the Examiner shall hold at least one public hearing thereon. Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least ten (10) days prior to such hearing. The Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this Ordinance sub- ject to confirmation by the City Council; and also to administer oaths, and preserve order. Section 14. EXAMINER'S DECISION AND RECOMMENDATION - =W FINDINGS REQUIRED. When the Examiner renders a decision or recom- mendation, the Examiner shall make and enter written findings from the record and conclusions therefrom which support such de- cision, which decision shall be rendered within seven (7) calen- dar days of the conclusion of the hearing. The copy of such de- cision including finds and conclusion shall be transmitted by certified mail, return receipt requested, to the applicant and other parties of record in the case requesting the same. In the case of applications requiring Council approval the Examiner shall file a decision with the City Council at the expiration of the period provided for a re -hearing or within five (5) days of the conclusion of a re -hearing, if one is conducted. Section 15. RECONSIDERATION. Any aggrieved person feel- ing that the decision of the Examiner is based on erroneous pro- cedures, errors of law or fact, error in judgment, or the dis- covery of new evidence which could not be reasonably available at the prior hearing, may make a written request for review by the Examiner within fourteen (14) days of the conclusion of the hear- ing. This request shall set forth the specific errors relied upon by such appelant, and the Examiner may, after review of the record, take further action as he or she deems proper. Section 16. APPEAL OF EXAMINER'S DECISION. Any party to the proceeding and aggrieved by the Examiner's decision may sub- mit an appeal in writing to the City Council within fourteen (14) calendar days requesting a review of such decision. Such appeal shall be accompanied by a fee of $25.00. Appeals to the Council shall be made in accordance with such procedural requirements as may be established by ordinance. If, after examination of the written appeal and the record, the Council determines that a substantial error in fact may exist in the record, it shall remand the proceeding to the Examiner for reconsideration or it may modify or reverse the decision of the Examiner accordingly. The Council's consideration shall be based upon the re- cord only; however, the Council may publicly request any new or additional evidence from the affected parties. The cost of transcription of the hearing record shall be borne by the appellant unless otherwise determined by the City Council. Notice of the filing of an appeal shall be made to all parties of record to the hearing, and said notice shall give the time and date when the Council will consider such appeal. - 5 - Whenever a decision of the Examiner is reviewed under this section, other parties of record may submit letters or re- ports in.support of their positions, but no hearings shall be held and no new evidence or testimony shall be taken by the City Coun- cil. The City Council shall accept, modify or reject any findings or conclusions, or remand the decision of the Examiner for further hearing; provided that any decision of the City Council shall be based on the record of the hearing conducted by the Examiner; however, the Council may publicly request any new or additional evidence from the affected parties. The Council's decision shall be in wirting and shall specify modified or amended findings and conclusions, whenever such findings or conclusions are different from those of the appealed decision. Each material finding shall be supported by substantial evidence in the record. Section 17. COUNCIL ACTION. Any application requiring action by the City Council shall be taken by the adoption of a resolution or ordinance by the Council. When taking any such fi- nal action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action The City Council may adopt all or portions of the Examiner's findings and conclusions. In the case of an ordinance for rezone of property, the City Clerk shall place the ordinance on the Council's agenda for first reading. Final reading of the ordinance shall not oc- cur until all conditions, restrictions, or modifications which may have been stipulated by the Council have been accomplished or provisions for compliance made to the satisfaction of the Legal Department. The action of the Council, approving, modifying, or re- jecting a decision of the Examiner, shall be final and conclusive, unless within twenty (20) calendar days from the date of the action an aggrieved party or person applies for a writ of certiorari to the Superior Court of Washington for King County, for the purpose of review of the action taken. Section 18. SEVERABILITY. The provisions of this Ordi- nance are hereby declared to be severable. If any word, phrase, clause, sentence, paragraph, section, or part in or of this Ordinance, or the application thereof to any person or circum- stance, is declared invalid, the remaining provisions and the application of such provisions to other persons or circumstances shall not be affected thereby, but shall remain in full force and effect, the Mayor and City Council hereby declaring that they would have ordained the remaining provisions of this Ordinance without the word, phrase, clause, sentence, paragraph, section, or part, or the application thereof, so held invalid. Section 19. REPEALING CONFLICTING ORDINANCES. Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 20. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. ISABEL HOGAN,UMAYOR ATTEST: r MARIE JENSENi CITY CLERK PP OVED AS TO FORM: iI ALD E. MIRK, CITY ATTORNEY PASSED the 0 day of August, 1979. APPROVED the _�2 % day of August, 1979. PUBLISHED the—x��"'�. day of August, 1979. I hereby certify that this is a true copy of Ordinanace No. /R , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as here- on indicated. (SEAL] MARIE'ZNSEN, CITY CLERK - 7 -