HomeMy WebLinkAboutO-1817 - Adds Ch. 2.70, hearing examiner (Repealed by 2852)v !"".",
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Marysville,Washington
ORDINANCE NO./31 7
AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING A NEW
CHAPTER 2.70 OF THE MARYSVILLE MUNICIPAL CODE
ESTABLISHING THE OFFICE OF HEARING EXAMINER.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAIN AS
FOLLOWS:
A new Chapter 2.70 of the Marysville Municipal Code is
hereby enacted,providing as follows:
HEARING EXAMINER
2.70.010 Purpose.The purpose of this chapter is to
establish a quasi-judicial hearing system which will ensure
procedural due process and appearance of fairness in
regulatory hearings and will provide an efficient and
effective hearing process for quasi-judicial matters.
2.70.020 Creation of Hearing Examiner.The office of
Hearing Examiner,hereinafter referred to as "Examiner,"is
hereby created.The Examiner shall perform the duties and
functions specified in this chapter,together with such
other quasi-judicial duties and functions as may be dele-
gated by the Mayor and city Council.Unless the context
requires otherwise,the term "Examiner"as used herein shall
include any Examiner Pro Tem who may be appointed.
2.70.030 Appointment.The Examiner shall be appointed
by the Mayor SUbject to confirmation by a majority vote of
the city Council.The terms of the Examiner's employment
shall be specified by a professional service contract.An
Examiner Pro Tem may also be appointed by the Mayor SUbject
to confirmation by majority vote of the city council.An
Examiner Pro Tem shall serve in the event of absence or
disqualification of the Examiner.
2.70.040 Qualifications.The Examiner shall be
appointed solely with regard to his or her qualification
for the duties of the office,and will have such training
and experience as will qualify the Examiner to conduct
administrative and quasi-judicial hearings on regulatory
enactments and to discharge such other functions conferred
uP9n the Examiner by the Mayor and city council.The
Examiner shall hold no other elective or appointive office
or position in City government.
ORDINANCE - 1
2.70.050 Removal.The Examiner may be removed from
office for cause by the Mayor,sUbject to confirmation by
majority vote of the City council.
2.70.060 Conflict of Interest and Appearance of
Fairness.The Examiner shall not conduct or participate in
any hearing or decision in which the Examiner has a direct
or indirect personal interest which might influence the
Examiner or interfere with the Examiner's decision-making
process.Any actual or potential conflict of interest shall
be disclosed to the parties immediately upon discovery of
such conflict.The hearing shall then be conducted by an
Examiner Pro Tem.
The Appearance of Fairness Doctrine,as specified in
chapter 42.36 RCW,shall apply to all proceedings conducted
by the Examiner,and may result in the Examiner's dis-
qualification when necessary.
2.70.070 Freedom from Improper Influence.No council-
member,City official or any other person shall attempt to
interfere with or improperly influence the Examiner in the
performance of his or her designated duties.
2.70.080 Rules.The Examiner shall have the power to
prescribe rules and regulations for the scheduling and
conduct of hearings and other procedural matters related to
the duties of the office.The rules shall provide that all
pUblic hearings be held after 6:00 p.m.,except under
special circumstances authorized by the Mayor.
2.70.090 Duties of the Hearing Examiner.The Examiner
is hereby vested with the duty and authority to hold pUblic
hearings and render decisions on the following matters:
a.Preliminary plats;
b.Appeals from administrative decisions on
short plats;
c.Rezones;except,area-wide rezones initiated
by the City itself shall be heard by the Planning
Commission;
d.Binding site plan approvals;
e.Conditional use permits;
f.Zoning Code variances;
g.Administrative appeals from decisions and
interpretations by city staff relating to land use
codes and permits;
ORDINANCE - 2
h.Shoreline development permits,including
conditional shoreline development permits,variances
and appeals from administrative determinations arising
under Chapter 18.16 of the Marysville Municipal Code;
i.Complaints by citizens or City Staff seeking
administrative enforcement of provisions of City land
use codes or conditions in development permits and
approvals,or seeking rescission or modification of
such permits or approvals;
j •Variances and administrative appeals arising
from the city's Sign Code;
k.Variances and administrative appeals arising
from the city's Flood Plain Management Code;
1.Conditional use permits for allowance of
factory-built housing under Chapter 16.40 of the
Marysville Municipal Code;
m.Variances and administrative appeals arising
under the city's Street Department Code;
n.Such other regulatory,enforcement or quasi-
jUdicial matters as may be assigned to the Examiner by
the Mayor and City council.
2.70.100 Public Hearings.Where public hearings are
required by state statute or city Code,the Examiner shall
hold at least one such hearing prior to rendering a decision
on any matter.All testimony at any such hearing shall be
taken under oath.Public notice of the time and place of
the hearing shall be given as required by city Code.
2.70.110 Examiner's Decision/Recommendation.Within
15 calendar days after the conclusion of a hearing,unless a
longer period is agreed to by the applicant in writing or
verbally on the record at the public hearing,the Examiner
shall render a written decision which shall include at least
the following:
a.Findings of fact based upon the record and
conclusions therefrom which support the decision.
b.The decision shall state whether the appli-
cation is either granted,granted in part,granted with
conditions,modifications or restrictions,returned to
the applicant for modification,denied with prejudice
or denied without prejudice.
ORDINANCE - 3
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c.A statement indicating the procedure for
obtaining a new public hearing on the application
before the city council.
d.If a time limit exists for filing an admin-
istrative or jUdicial appeal of the decision,said time
limit shall be disclosed.
2.70.120 Notice of Examiner's Decision.Not later
than five calendar days following the rendering of a written
decision,copies thereof shall be mailed to the applicant
and other parties of record in the case."Parties of
record"shall include the applicant and all other persons
who specifically request notice of the decision.The
Examiner may establish rules for registering parties of
record.
2.70.130 City Council Action.Decisions by the
Examiner do not constitute final action by the city;
instead,they constitute mere recommendations to the City
council.All Examiner decisions shall be filed with the
city Council within five calendar days after the same are
issued.The city Council shall then follow the following
procedure:
a.For a period of 14 days after issuance of the
Examiner's decision,the City council shall accept
written comments from any person regarding said
decision.Said comments may request the City council
to schedule its own public hearing,stating the reasons
why such a pUblic hearing would be appropriate.
b.Within a period of not less than 14 days nor
more than 21 days after issuance of the Examiner's
decision,the city council shall consider the same at a
public meeting.The consideration shall be based upon
the record,and no new testimony on the substance of
the matter will be accepted.The City council may
concur with the findings and conclusions of the
Examiner and adopt the Examiner's decision as its own;
or the Council may remand the matter to the Examiner
for further proceedings;or the Council may determine
to hear the matter at a new public hearing of its own.
copies of whatever decision is made by the Council
shall be mailed to all parties of record.
c.In those instances where the city council
determines to conduct a pUblic hearing of its own,
notice of such hearing shall be given pursuant to the
requirements of state statute and/or City Code;
further,notice shall be mailed to all parties of
record.
ORDINANCE - 4
d.At a pUblic hearing held by the city Council
the record compiled by the Examiner on the same matter
may be considered.Any new testimony taken at the
public hearing shall be under oath.
e.At the conclusion of the pUblic hearing the
City council shall enter its decision,which shall set
forth findings and conclusions in support of its
decision.The Council may adopt any or all of the
findings or the conclusions of the Examiner which
support its decision.The Council may affirm the
decision of the Examiner,reverse the decision of the
Examiner either wholly or in part,or remand the matter
to the Examiner for further proceedings in accordance
with the Council's findings and conclusions.
f.The Council's decision shall be reduced to
writing and entered into the record of the proceedings
within 15 days after the conclusion of the pUblic
hearing.Copies of the decision shall be mailed to all
parties of record.If a statute or ordinance estab-
lishes a time limit for commencing a jUdicial appeal,
the same shall be disclosed in the decision.
2.70.140 Affect of Council Action--Appeal.The city
council's decision shall be final and conclusive with right
of appeal to the Superior Court of Snohomish County by writ
of Certiorari,writ of Prohibition or writ of Mandamus
within 15 calendar days after the Council's decision is
reduced to writing and entered into the record.The cost of
transcription of all records ordered certified by the court
for such review shall be borne by the applicant for the
writ.
2.70.150 Conflicting Code Provisions and Rules of
Procedure.Any and all provisions of the Marysville
Municipal Code,and any and all provisions of the rules of
procedure adopted by the Examiner,which are in conflict
with this chapter are hereby superseded.
2.70.160 Severability.If any word,phrase,clause,
sentence,paragraph,section or part in or of this Ordinance
shall be declared unconstitutional or invalid by any court
of competent jurisdiction,it shall be conclusively presumed
that this Ordinance would have been enacted without the
word,phrase,clause,sentence,paragraph,section or part
so held unconstitutional or invalid,and the remainder of
this Ordinance shall not be affected as a result of said
unconstitutionality or invalidity.
ORDINANCE - 5
PASSED by the city council and APPROVED by the Mayor this
lo-r-day of Wee ~,19 qD.
CITY OF MARYSVILLE
By
Approved as to form:
Date of Publication:
Effective Date (5 days after pUblication):
ORDINANCE - 6
12-2 Y-'10