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CITY OF MARYSVILLE
MARYSVILLE,WASHINGTON
ORDINANCE ~OJ '"I
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,ADDING A NEW TITLE TO THE
CITY OF MARYSVILLE MONICIPAL CODE,TITLE 15,DEVELOPMENT CODE ADMINISTRATION,
TO.IMPLEMENT REGULATORY REFOIlM.
TITLE 15
DEVELOPMENT CODE AIlMINISTRATION
Chapters:
15.01 INTRODUCTION
15.03 ADMINISTRATION
15.05 CONSOLIDATED APPLICATION PROCESS
15.07 PUBLIC NOTICE REQUIREMENTS
15.09 REVIEW AND APPROVAL PROCESS
15.11 APPEALS
15.13 GENERAL PROVISIONS
City of Marysville,Title 15 [7/9/96J 15 - 1
CIIAPTER 15.01
INTRODUCTION
Sections:
15.01.010
15.01.020
15.01.030
INTENT
RULES OF INTERPRETATION
DEFINITIONS
15.01.010 INTENT
The purpose of this title is to combine and consolidate the application,
review,and approval processes for land development in the City of Marysville
in a manner that is clear,concise,understandable and consistent with Chapter
36.70B,RCW.It is further intended to comply with state guidelines for
combining and expediting development review and integrating environmental
review and land use development plans.Final decisions on development
proposals shall be made within 120 days of the date of the Letter of
Completeness except as provided in Section 15.09.090.
15.01.020 RULES OF INTERPRETATION
A.For the purposes of the Development Code,all words used in the code
shall have their normal and customary meanings,unless specifically defined
otherwise in this code.
B.Words used in the present tense include the future.
c.The plural includes the singular and vice-versa.
D.The words "will"and "shall II are mandatory.
E.The word "may"indicates that discretion is allowed.
F.The word lI us ed
ll includes designed,intended,or arranged to be used.
G.The masculine gender includes the .fe~nine and vice-versa.
H.Distances shall be measured on a horizontal plane unless otherwise
specified.
I.The word "building"includes a portion of a building or a portion of the
lot on which it stands.
J.The word "days"refers to calendar days.
15.01.030 DEFINITIONS
The following definitions shall apply to Marysville Municipal Code,Titles 15
through 20.For the purposes of administering this chapter,if any of these
definitions conflict with those of other provisions of the Marysville
Municipal Code,the definitions of this chapter shall control.
Adjacent property owners.The owners of real property,as shown by the
records of the county assessor,located within three hundred feet of any
portion of the boundary of the proposed subdivision.In the case of a
mortgage company or bank,the occupant of the site address shall also be
included.If the owner of the real property which is proposed to be
City of Marysville,Title 15 [7/9/96]15 2
subdivided owns another parcel or parcels of real property which lie adjacent
to the real property proposed to be subdivided,notice shall be given to
owners of real property located within three hundred feet of any portion of
the boundaries of such adjacently located parcels of real property owned by
the owner of the real property proposed to be subdivided.
Aggrieved person.One whose proprietary,pecuniary or personal rights would
be substantially affected by a particular action as determined,by the Hearing
Examiner
Applicant.Any person or legal entity proposing a division of land.
City.For the purpose of the title,"city"shall be the city of Marysville.
City standards.The engineering design and development standards as published
by the Department of Public Works.
Closed record appeal.An appeal to a hearing body following an open record
hearing and issuance cfa final decision.The appeal is on the record,and no
additional evidence or information is submitted,and only appeal argument is
allowed.
Comprehensive plan.A document or series of documents adopted by city council
that sets forth broad guidelines and policies for the development of the city.
Comprehensive plan amendment.An amendment or change to the text or maps of
the comprehensive plan.
Critical Areas:Areas of environmental sensitivity,which include the
following areas and ecosystems:a)wetlands;b)fish and wildlife habitat;and
c)geologically hazardous areas.
Development:Any land use permit or action regulated by Titles 15-20"MMe,
including but not limited to subdivisions,binding site plans,rezones,
conditional use per~ts,building permits subject to SEPA,and variances.
Development Code:Marysville Municipal Code,Titles 15-20.
Director:The City Planner or designated representative.
Effective Date:The date a final decision becomes effective.
Final Decision:The final action by the Director,Hearing Examiner,or City
Council.
MMC:Marysville Municipal Code.
Hearing examiner.The land use hearing examiner for the city.
Party of Record:Shall mean for each application/appeal:
1.The applicant/appellant;
City of Marysville,Title 15 [7/9/96]15 - 3
2.All
matter to
the close
persons who have submitted written comments concerning the specific
the responsible city department and/or to the hearing body prior to
of the hearing and have provided the City with a complete address.
3.All persons who testified at the public hearing;
Planned Action:A significant development proposal as defined in RCW
43.21C.03l (SEPAl as amended.
Open Record Bearing:A hearing conducted by the designated hearing officer or
body which creates the City's official record through the submission of
testimony and evidence,under procedures prescribed by this title.An open
record hearing may be held as either a predecision hearing,a hearing in which
a final decision is issued,or as an appeal of a final decision;however,no
more than one open record hearing may be held on any proposed action.
RCW:Revised Code of Washington.
Site Plan,Final:A site plan reviewed and approved pursuant to Title 15-
20,MMC,containing the inscriptions or attachments setting forth the
limitations and conditions of use for a specific parcel of property and
meeting the requirements of the Snohomish County Auditor for recording.
City of Marysville,Title 15 [7/9/96}15 4
CHAPTER 15.03
ADMINISTRATION
Sections:
15.03.010
15.03.020
15.03.030
15.03.040
15.03.050
15.03.060
ROLES AND RESPONSIBILITIES
PLANNING DIRECTOR
CITY COUNCIL
PLANNING COMMISSION
HEARING EXAMINER
BUILDING CODE BOARD OF APPEALS
15.03.010 ROLES AND RESPONSIBILITIES
A.The regulation of land development is a cooperative activity including
many different elected and appointed boards and City staff.The specific
responsibilities of these bodies is set forth below.
B.An applicant is expected to read and understand the City Development
Code and be prepared to fulfill the obligations placed on the applicant by
Titles 15 through 18,MMC.
15.03.020 PLANNING DIRECTOR
The Director shall review and act on the following:
A.Authority:The Director is responsible for the administration of Titles
15~20 of the Marysville Municipal Code.
B.Administrative Interpretation:Upon request or as determined necessary,
the Director shall interpret the meaning or application of the provisions of
said titles and issue a written administrative interpretation within 30 days
of said request.Requests for interpretation shall be written and shall
concisely identify the issue and desired interpretation.
C.Administrative Approvals:Administrative approvals set forth in Section
15.09.010 and 15.09.020.
D.Preliminary Short Plats.
E.Shoreline Permits for Substantial Developments.
F.SEPA (State Environmental Protection Act)Determinations.
15.03.030 CITY COUNCIL
In addition to its legislative responsibility,the City Council shall review
and act on the following subjects:
A.Appeal of Hearing Examiner decisions.
B.Approval of Final Plats.
C.Approval of the Comprehensive Plan and Comprehensive Plan Amendments.
D.Approval of area~wide rezones.
15.03.040 PLANNING COMMISSION
City of Marysville,Title 15 [7/9/96)15 - 5
The Planning Commission shall review and make recommendations on the following
applications and subjects:
A.-Amendments to the Comprehensive Plan
B.Amendments to the Subdivision Code,Title 20
C.Amendments to the Zoning Code,Title 19,or the Official Map
D.Amendments to the Planning Code,Title 18
E.Other actions requested or remanded by the City Council
15.03.050 HEARING EXAMINER
The Hearing Examiner shall review and act on the following applications and
subjects:
A.Applications for preliminary subdivisions.
B.Appeals of administrative decisions on preliminary short plats.
C.Site-specific rezones.
D.Binding Site Plan approvals subject to public hearing review.
E.Conditional Use Permits.
F.Zoning Code variances.
G.Appeals of administrative decisions and interpretations relating to
Titles 4,12, 18,19,and 20.
H.Appeals of SEPA determinations.
I.Other actions requested or remanded by the City Council.
15.03.060 BUILDING CODE BOARD OF APPEALS
The Board of Appeals shall review and act on the following subjects:
A.Appeals of decisions of the Building Official on the interpretation or
application of the Building or Fire Code.
B.Disapproval of a permit for failure to meet the Uniform Building or Fire
Codes.
The review criteria for the Building Code Board of Appeals are contained in
Chapter 16.04.035,MMC.
City of Marysville,Title 15 [7/9/96)15 - 6
CHAPTER 15.05
CONSOLIDATED APPLICATION PROCESS
Sections:
15.05.010
15.05.020
15.05.030
15.05.040
15.05.050
15.05.060
APPLICATION
PREAPPLICATION MEETINGS
CONTENTS OF APPLICATIONS
LETTER OF COMPLETENESS
TECHNICAL REVIEW COMMITTEE
ENVIRONMENTAL REVIEW
15.05.010 APPLICATION
A.The City shall consolidate development application and review in order
to integrate the development permit and environmental review process,while
avoiding duplication of the review:-processes.
B.All applications for development permits,variances and other City
approvals under the Development Code shall be submitted on forms provided by
the Department of Community Development.All applications shall be
acknowledged by the property owner.
15.05.020 PREAPPLICATION MEETINGS
A.Informal Applicants for development are encouraged to participate in an
informal meeting prior to the formal preapplication meeting.The purpose of
the meeting is to discuss,in general terms,the proposed development,City
design standards,design alternatives,and required permits and approval
process.
B.Formal Every person proposing a development,with exception of building
permits,in the City shall attend a preapplication meeting.The purpose of
the meeting is to discuss the nature.of the proposed development,application
and permit requirements,fees,review,process and schedule,applicable plans;
policies and regulations.In order to expedite development review,the City
shall invite all affected jurisdictions,agencies and/or special districts to
thepreapplication meeting.
15.05.030 CONTENT OF APPLICATIONS
A.All applications for approval under Titles 15
the information specified in the applicable title.
such additional information as reasonably necessary
evaluate the proposal.
through 20 shall include
The Director may require
to fully and properly
B.The applicant shall apply for all permits identified in the
preapplication meeting.
15.05.040 LETTER OF COMPLETENESS
A.Within twenty-eight (28)days of receiving a date stamped application,
the City shall review the application and as set forth below,provide
applicants with a written determination that the application is complete or
incomplete.
B. A project application shall be declared complete only when it contains
all of the following materials:
City of Marysville,Title 15 [1/9/96]15 - 1
1.A fully completed,signed,and acknowledged development
application and all applicable review fees.
2.
checklist
Act.
A fully completed,signed,and acknowledged environmental
for projects subject to review under the State Environmental Policy
3.The information specified for the desired project in the
appropriate chapters of the Marysville Municipal Code and as identified in
Section 15.05.030.
4.
Director.
Any supplemental information or special studies identified by the
C.For applications determined to be incomplete,the City shall identify,
in writing,the specific requirements or information necessary to constitute a
complete application.Upon submittal of the additional information,the City
shall,within fourteen (14)days,issue a letter of completeness or identify
what additional information is required.
15.05.050 TECHNICAL REVIEW COMMITTEE
A.Immediately following the issuance of a letter of completeness,the City
shall schedule a meeting of the Technical Review Committee (TRC).The TRC may
be composed of representatives of all affected City departments,utility
districts,the fire department,and any other entities or agencies with
jurisdiction.
B.The TRC shall review the development application for compliance with
City plans and regulations,coordinate necessary permit reviews,and identify
~he development's environmental impacts.
15.05.060 ENVIRONMENTAL REVIEW
A.Developments and planned actions subject to the provisions of the State
Environmental Policy Act (SEPA)shall be reviewed in accordance with the
policies and procedures contained in Chapter 18 MMC.
B.SEPA review shall be conducted concurrently with development project
review.The following are exempt from concurrent review:
1.Projects categorically exempt from SEPA.
2.Components of previously completed planned actions,to the extent
permitted by law and consistent with the EIS for the planned action.
City of Marysville,Title 15 [7/9/96J 15 - 8
CHAPTER 15.07
PUBLIC NOTICE REQUIREMENTS
Sections:
15.07.010
15.07.020
15.07.030
15.07.040
15.07.050
NOTICE OF DEVELOPMENT APPLICATION
NOTICE OF ADMINISTRATIVE APPROVALS
NOTICE OF PUBLIC HEARING
NOTICE OF APPEAL HEARING
NOTICE OF DECISION
15.07.010 NOTICE OF DEVELOPMENT APPLICATION
A.Within fourteen (14)days of issuing a letter of completeness under
Chapter 15.05,the City shall issue a Notice of Development Application.The
notice shall include but hot be limited to the following:
1.The name of the applicant.
2.Date of application.
3.The date of the letter of completeness.
4.The location of the project.
5.A project description.
6.The requested approvals,actions,and/or required studies.
7.A public comment period not less than fourteen (14)nor more than
thirty (30)days.The length of the comment period will be based on complexity
of the project,as determined by the Director.
8.Identification of existing environmental dobuments.
9.A City staff contact and phone number.
10.The date,time,and place of a public hearing if one has been
scheduled.
11.A statement that the decision on the application will be made
within 120 days of the date of the letter of completeness.
B.The Notice of Development Application shall be posted on the subject
property and published once in a newspaper of general circulation.
C.The Notice of Development Application shall be issued prior to and is
not a substitute for required notice of a public hearing.
D. A Notice of Application is not required for the following actions,when
they are categorically exempt from SEPA or environmental review has been
completed:
1.Application for building permits.
2.Application for lot line adjustments
City of Marysville,Title 15 {7/9/96]15 - 9
3.Application for administrative approvals.
15.07.020 NOTICE OF ADMINISTRATIVE APPROVALS
Notice of administrative approvals subject·to notice under Section 15.09.020
shall be made as follows:
A.Notification of Preliminary Approval:The Director
adjacent property owners of his intent to grant approval.
be made by mail only.The notice shall include:
shall notify the
Notification shall
1.A description of the preliminary approval granted,including any
conditions of approval.
2.A place where further information may be obtained.
3.A statement that final approval will be granted unless an appeal
requesting a public hearing is filed with the City Clerk within fifteen (15)
days of the date of the notice.
15.07.030 NOTICE OF PUBLIC HEARING
Notice of a public hearing for all development applications and all open
record appeals shall be given as follows:
A. Time of Notices:
meetings,hearings,and
be made by:
Except as otherwise required,public notification of
pending actions under Titles 15 through lS,MMC,shall
1.Publication at least ten (10)days before the date of a public
meeting,hearing,or pending action in the official newspaper if one has been
designated or a newspaper of general circulation in the-City;and
2.Mailing at least ten (10)days before the date of a public
meeting,hearing,or pending action to all property owners as shown on the
records of the County Assessor and to all street addresses of properties
within 300 feet,not including street rights-of-way,of the boundaries of the
property which is the subject of the meeting or pending action.A mailing
list and assessor's map showing properties within 300 feet,shall be provided
by the applicant;and
3.Posting at least ten (10)days before the meeting,hearing,or
pending action in three public places where ordinances are posted and at least
one notice on the subject property.
B.Content of Notice:The public notice shall include a general
description of the proposed project,action to be taken,a non-legal
description of the property or a vicinity map or sketch,the time,date and
place of the public hearing and the place where further information may be
obtained.
c.Continuations:If for any reason,a meeting or hearing on a pending
action cannot be completed on the date set in the public notice,the meeting
or hearing may be continued to a date certain and no ·further notice under this
section is required.
15.07.040 NOTICE OF APPEAL HEARING
In addition to the posting and publication requirements of Section 15.07.030,
notice of appeal hearings shall be as follows:
A.For an appeal of administrative approvals,notice shall be mailed to the
applicant and adjacent property owners.
City of Marysville,Title lS [7/9/96]15 - 10
B.For an appeal of Hearing Examiner decisions,mailing to parties of
record from the open record hearing.
15,07.050 NOTICE OF DECISION
A written notice for all final decisions shall be sent to the applicant and
all parties of record.For development applications Hearing Examiner
approval,the notice shall be the report issued by the Hearing Examiner.
City of Marysville,Title 15 [7/9/96)15 - 11
CHAPTER 15.09
REVIEW AND APPROVAL PROCESS
Sections:
15.09.010
15.09.020
15.09.030
15.09.040
15.09.050
15.09.060
15.09.070
15.09.080
15.09.090
APPLICATION REVIEW
ADMINISTRATIVE APPROVALS WITHOUT NOTICE
ADMINISTRATIVE APPROVALS SUBJECT TO NOTICE
HEARING EXAMINER DECISIONS
PROCEDURES FOR OPEN RECORD HEARINGS
PROCEDURES FOR CLOSED RECORD APPEALS
RECONSIDERATION
REMAND
FINAL DECISION
15.09.010 APPLICATION REVIEW
A review process which consolidates different permits is the standard review
process utilized in the city.A single report,as described in Section
15.09.040 A,will be prepared for a development application.During a
development application review,the city will not reconsider fundamental land
use planning decisions which have been made in the adopted Comprehensive plan
or development regulations.
A neighborhood meeting is required to be conducted by the applicant prior to
submittal of an application for projects which,in the discretion of the
Director,have the potential to raise significant neighborhood issues.Public
notice shall be given to the affected neighborhood consistent with NNC
15.07.030IA)(2).
During project review,the city shall determine whether the project is
consistent with the following items described in the applicable plans and
regulations:
A.Type of land use permitted at the site,including uses that may be
allowed under certain circumstances,such as Planned Residential Developments
and Conditional Uses,if the 'criteria for their approval have been satisfied;
B.Density of residential development in urban growth areas;
C.Availability and adequacy of public facilities identified in the
Comprehensive Plan;and
D.Development standards.
15.09.020 ADMINISTRATIVE APPROVALS WITHOUT NOTICE
A.The Director may approve,approve with conditions,or deny the following
without notice:
1.
2.
3.
permits.
location
Lot line adjustments.
Extension of time for approval.
Minor amendments or modifications to approved developments or
Minor amendments are those which may·affect the precise dimensions or
of buildings,accessory structures and driveways,but do not affect:
City of Marysville,Title 15 [7/9/96]15 12
(I)overall project character,(ii)increase the number of lots,dwelling
units,or density or (iii)decrease the quality or amount of open space.
4.Home Occupations.
B.Director's decisions under this section shall be final on the date
issued.
lS.09.030 ADMINISTRATIVE APPROVALS SUBJECT TO NOTICE
A.The Director may grant preliminary approval or approval with conditions,
or may deny the following actions subject to the notice and appeal
requirements of this section:
1.Short Subdivisions.
2.Shoreline Permits for substantial developments.
B.Final Administrative Approvals:Preliminary approvals under this section
shall become final subject to the following.
1.If no appeal is submitted,the preliminary approval becomes final
at the expiration of the lS-day notice period.
2.If a written notice of appeal is received within the specified
appeal periods the matter will be referred to.the Hearing Examiner for an open
record public hearing.
lS.09.040 HEARING EXAMINER DECISIONS
A.Staff Report.The Director or designee shall prepare a staff report on
the proposed developrnentor action summarizing the comments and
recommendations of City departments,affected agencies and special districts,
and evaluating the development's consistency with the City's Development Code,
adopted plans and regulations.The staff report shall include findings,
conclusions and proposed recommendations for disposition of the development
application.The report shall be prepared at least seven days prior to the
public hearing.
B.Hearing.The Hearing Examiner shall conduct an open recqrd hearing on
development proposals for the purpose of taking testimony,hearing evidence,
considering the facts germane to the proposal,and evaluating the proposal for
consistency with the City's Development Code,adopted plans and regulations.
Notice of the hearing shall be in accordance with Section lS.07.030.
c.Required Findings:The Hearing Examiner shall not approve a proposed
development without first making the following findings and conclusions:
1.The development is consistent with the Comprehensive Plan and
meets the requirements and intent of the Marysville Municipal Code.
2.The development makes adequate provisions for open space,
environmentally sensitive areas,drainage,streets and other public ways,
transit stops,water supply,sanitary wastes,public utilities and
infrastructure,parks and recreation facilities,playgrounds,sites for
schools and school grounds.
3.The development is beneficial to the public health,safety and
welfare and is in the public interest.
4.The development does not lower the level of service of
transportation and/or neighborhood park facilities below the minimum standards
City of MarySVille,Title 15 [7/9/96]15 -13
established within the Comprehensive Plan.If the development results in a
level of service lower than those set forth in the Comprehensive Plan~the
development may be approved if improvements or strategies to raise the level
of service above the minimum standard are made concurrent with the
development.For the purpose of this section,"concurrent with the
development"is defined as the required improvements or strategies in place at
the time of occupancy,or a financial commitment is in place to complete the
improvements or strategies within six (6)years of approval of the
development.
5.The area,location and features of land proposed for dedication
are a direct result of the development proposal,are reasonably needed to
mitigate the effects of the development,and are proportional to the impacts
created by the development.
D.Decision.Upon approving or disapproving a development proposal or
action,the Hearing Examiner shall prepare and adopt a written decision
setting forth its findings,conclusions,recommendations,and effective date
of the decision,as set forth in Chapter 2.70 MMC.
15.09.050 PROCEDURES FOR OPEN RECORD HEARINGS
Only one open record hearing is allowed per project.Open record hearings
shall be conducted in accordance with the Hearing Examiner's rules or
procedure and shall serve to create or supp~ement an eVidentiary record upon
which the body will base its decision.
15.09.060 PROCEDURES FOR CLOSED RECORD APPEALS
Closed record appeals shall be conducted in accordance with the hearing body's
rules of procedure and shall serve to provide argument and guidance for the
body's decision.Closed record appeals shall be conducted generally as
provided for public hearings.Except as provided in Section 15.09.080,no new
evidence or testimony shall be given or received~The parties to the appeal
may submit timely written statements or arguments.
15.09.070 RECONSIDERATION
A party to a public hearing or closed record appeal may seek reconsideration
only of a final decision by filing a written request for reconsideration with
the Director within seven (7)days of the final written decision.The request
shall comply with MMC 15.11.040(B).The Councilor Examiner shall consider
the request at its next regularly scheduled meeting,without public comment or
argument by the party filing the request.If the request is denied,the
previous action shall become final.If the request is granted,the Councilor
hearing body may immediately revise and reissue its decision or may call for
argument in accordance with :the procedures for closed record appeals.
Reconsideration should be granted only when a legal error has occurred or a
material factual issue has been overlooked that would change the previous
decision.
15.09.080 REMAND
In the event the City Council determines that the public hearing record or
record on appeal is insufficient or otherwise flawed,the Council may remand
the matter back to the hearing body to correct the deficiencies.The Council
shall specify the items or issues to be considered and the time frame for
completing the additional work.The Council may hold a public hearing on a
closed record appeal only for the limited purposes identified in RCW
34.05.562(1).
15.09.090 FINAL DECISION
City qf Marysville,Title 15 [7/9/96]15 -14
A.Time.The final decision on a development proposal shall be made within
120 days from the date of the letter of completeness.Exceptions to this
include:
1.Amendments to the Comprehensive Plan or Development Code.
2.Any time required to correct plans,perform studies or provide
additional information,provided that within 14 days of receiving the
requested additional information,the Director shall determine whether the
information is adequate to resume the project review.
3.Substantial project revisions made or requested by an applicant,
in which case the 120 days will be calculated from the time that the City
determines the revised application to be complete.
4.All time required for the preparation and review of an
environmental impact statement.
5.Projects involving the siting of an essential public facility.
6.An extension of time mutually agreed upon by the City and the
applicant.
7.All time required to obtain a variance.
8.Any remand to the hearing body.
9.All time required for the administrative appeal of a Determination
of Significance.
B.Effective Date.The final decision of the Councilor hearing body shall
be effective on the date stated in the decision,motion,resolution,or
ordinance,provided that the date from which appeal periods shall be
calculated shall be the date the Councilor hearing body takes action on the
motion,resolution,or ordinance.
City of MarySVille,Title 15 [7/31/96]15 - 15
CHAPTER 15.11
APPEALS
Sections:
15.11.010
15.11.020
15.11.030
15.11.040
15.11.050
APPEAL PROCESS -GENERAL DESCRIPTION
APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND APPROVALS
APPEAL OF HEARING EXAMINER DECISIONS
APPEAL PROCESS
JUDICIAL APPEAL
15.11.010 APPEAL PROCESS -GENERAL DESCRIPTION
Only a single open record hearing will be held on any development project
project permit application.Administrative decisions are appealable to the
Hearing Examiner.The Hearing Examiner will conduct a public hearing in which
public testimony and new information may be presented (open record hearing).
Once an open record hearing has been held,only one further administrative
appeal is allowed (closed record appeal).
Appeals of Council decisions and appeals of Hearing Examiner's decisions on
appeals shall be made to Superior Court (judicial appeal).
15.11.020 APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND APPROVALS
Administrative interpretations and administrative approvals may be appealed,
by applicants or aggrieved adjacent property owners to the Hearing Examiner.
APpeals shall be filed within fourteen (14)days of the notice of decision.
15.11.030
Decisions
aggrieved
15.11.040
APPEAL OF HEARING EXAMINER DECISIONS
of the Hearing Examiner may be appealed
parties of record,or the City staff.
APPEAL PROCESS
to the City Council,by any
A.Filing.Appeals shall be filed in writing with the Director within
fourteen (14)calendar days following the date of the examiner's or director's
decision and shall be accompanied by the appropriate filing fee.
B.Grounds for Appeal.The grounds for filing an appeal shall be limited
to the following:
1.The examiner/director exceeded his jurisdiction;
2.The examiner/director failed to follow the applicable procedure in
reaching his decision;
3.The examiner/director committed an error of law or misinterpreted the
applicable city regulation,ordinance or other state law or regulation;
4.The examiner/director's findings,conclusions and/or conditions are not
supported by the record;and/or
5.Newly discovered evidence alleged to be material to the
examiner/director's decision which could not reasonably have been
produced prior to the examiner/director's decision.
Requests for Reconsideration may use the additional grounds:
City of Marysville,Title 15 (7/31/96]15 16
6.Changes to the application proposed by the applicant in response to
deficiencies identified in the decision.
C.Contents of Appeal.The notice of appeal shall contain a concise
statement identifying:
1.A detailed statement of the grounds for appeal,making reference to each
finding,conclusion,or condition which is alleged to contain-error;
2.A detailed statement of the facts upon which the appeal is based;
3.The name and address of the appellant and his interest(s)in the matter.
4.The appeals fee.
D.Closed record appeals shall be conducted in accordance with the hearing
body's rules of procedure.Closed record appeals shall be conducted generally
as provided for open record hearings.No new evidence or testimony shall be
given or received.The parties to the appeal may submit timely written
statements or argument relating to the existing record.A closed record
appeal shall be heard and decided within forty-five (45)days.Only one
closed record appeal is allowed per project.
E.An appeal maybe an open record hearing,but only if no open record
hearing was held prior to the appeal.If an open record hearing is held for
an appeal,it shall be heard within forty five (45)days.
F.Within ten (10)calendar days following timely filing of a complete
appeal with the City,notice of the date,time and place for hearing examiner
or council consideration shall be mailed to the appellant,to the examiner,
and to all other parties of record.
G.All appeal proceedings shall be limited to those issues expressly raised
in a timely written appeal.
H.The Director's decisions which have been timely appealed shall go to the
Hearing Examiner for consideration within no sooner than twenty-one (21)nor
longer than thirty-five (35)days from the date the appeal was filed.Public
comment and testimony shall be heard at such public meeting.
15.11.050 JUDICIAL APPEAL
A.Appeals from the final decision of the City Council,or other City board
or body involving Titles 15 to 20,MMC,and for which all other appeals
specifically authorized have been timely exhausted,shall be made to Snohomish
County superior court within thirty (30)days of the date the decision or
action became final,unless another time period is established by state law or
local ordinance.
B.Notice of the appeal and any other pleadings required to be filed with
the court shall be served on the City Clerk,Director,and City Attorney
within the applicable time period.This requirement is jurisdictional.
C.The cost of transcribing and preparing all records ordered certified by
the court or desired by the appellant for such appeal shall be borne by the
appellant.The appellant shall post with the City Clerk prior to the
preparation of any records an advance fee deposit in the amount specified by
the City Clerk.Any overage will be promptly returned to the appellant.
City of Marysville,Title 15 [7/9/96]15-17
CHAPTER 15.13
GENERAL PROVISIONS
Sections:
15.13.010
15.13.020
15.13.030
NO SPECIAL DUTY CREATED
SEVERABILITY
SAVINGS
15.13.010 NO SPECIAL DUTY CREATED
A.It is the purpose of this ti1t1e to provide for the health,welfare,and
safety of the general public,and not to create or otherwise establish or
designate any particular class or group of persons who will or should be
especially protected or benefited by the terms of this title.No provision or
term used in this title is intended to impose any duty whatsoever upon the
city or any of its officers,agents,or employees for whom the implementation
or enforcement of this title shall be discretionary and not mandatory.
B.Nothing contained in this title is intended to be,nor shall be
construed to create or form the basis for any liability on the part of the
city or its officers,agents,and employees for any injury or damage resulting
from the failure of any premises to abate a nuisance or to comply with the
provisions of this title or be a reason or a consequence of any inspection,
notice or order,in connection with the implementation or enformecement of
this title,or by reason or a consequence of any inspection,notice or order,
in connection with the implementation or enforcement or this title,or by
reason of any action of the city related in any manner to enforcement of this
title by its officers,agents or employees.
15.13.020 SEVERABILITY
If any provision of this title shall be declared unconstitutional or invalid
by any court of competent jurisdiction,it shall be conclusively presumed that
this title would have been enacted without the provision so held
unconstitutional or invalid,and the remainder of this title shall not be
affected as a result of said part being held unconstitutional or invalid.
15.13.030 SAVINGS
Nothing contained in this title shall be construed as abating any action now
pending under or by virtue of any ordinance of the city herein repealed,or as
discontinuing,abating,modifying or altering any penalty accrued or to
accrue,or as affecting liability of any person,firm or corporation,or as
waiving any right of the city under any·ordinance or provision thereof in
force at the time of passage of the ordinance codified in this title.
PASSED by the City Council and APPROVED by the Mayor thisC&LC&f.....-,1996 .
i 7 ti day of
CITY
By
Att~~\~
By __~~
City Clerk
City of Marysville,Title 15 [7/11/96J 15 18
Approved as to form:I /'7
By~Ufte1/
-City Attorney
Date of Publication:
Effective Date (5 days after publication):
City of Marysville,Title 15 [7/11/96]15 - 19