Chapter 20.105
APPEALS AND COURT REVIEW
Sections:
20.105.000 Scope.
20.105.010 Appealable decisions.
20.105.020 Appeal – Filing.
20.105.030 Appeal of staff decision.
20.105.040 Appeal of hearing examiner action.
20.105.045 Return of appeal fee – Determination of council.
20.105.050 Procedural irregularity.
20.105.060 Penalties.
20.105.070 Court review.
20.105.000 Scope.
This section provides the basic procedure for processing appeals. In the event another chapter in Title 20, except Chapter 20.90 ECDC, sets different specific requirements for appeal procedures, this chapter shall control. [Ord. 3112 § 30, 1996].
20.105.010 Appealable decisions.
A. Staff Decisions. Any person may appeal a decision of staff, on the following matters, to the hearing examiner in the manner provided in this chapter.
1. Short subdivisions.
2. Lot line adjustments, except that appeals are limited to appeals by the applicant only of a denial of a requested lot line adjustment application.
3. Home occupations.
4. Interpretations of the text of the ECDC.
5. SEPA (Chapter 43.21C RCW) decisions in accordance with the provisions of Chapter 20.15A ECDC as the same exists or is hereafter amended.
6. Permits or approvals required by ECDC Title 18 (Public Works Requirements).
7. Appeals of required dedications of right-of-way and the reconnection charge established under the provisions of ECC 7.10.065.
8. Sign permits.
9. Critical areas staff decisions in accordance with the provisions of Chapter 20.15B ECDC as the same exists or is hereafter amended.
10. Such other matters as may be specifically referred by the ECDC.
B. Hearing Examiner Decisions. Any person may appeal a final decision of the hearing examiner identified in ECDC 20.100.010(B) to the city council in the manner provided in this chapter. [Ord. 3211 § 11, 1998; Ord. 3148 § 1, 1997; Ord. 3112 § 31, 1996; Ord. 3074 § 4, 1996; Ord. 3014 § 4, 1995; Ord. 2867 § 1, 1992; Ord. 2676 § 2, 1988; Ord. 2591 § 1, 1986; Ord. 2374 § 3, 1983; Ord. 2277 § 4, 1982].
20.105.020 Appeal – Filing.
A. Written Appeal. Appeals shall be written and shall state the following:
1. The decision being appealed, the name of the project applicant and the date of the decision.
2. The name and address of the person appealing, and his or her interest in the matter.
3. The reasons why the person appealing believes the decision to be wrong.
4. Persons to be notified under subsection B below, including correct names and addresses.
B. Filing the Appeal. The person appealing shall file the appeal with the director of community services within 14 calendar days after the date of the decision being appealed. If an appeal is properly filed within the time limit, the appealed decision shall be suspended until the appeal has been acted on, and no further development action which was the subject of the decision may be taken. If no public hearing has been held earlier, the person appealing shall also provide a list of property owners as specified in ECDC 20.95.010 and whom must be notified by the community services department. [Ord. 3112 § 31, 1996; Ord. 2269 § 1, 1982].
20.105.030 Appeal of staff decision.
A. Who May Appeal. Persons entitled to appeal are:
1. The applicant; or
2. Anyone who has submitted a written document to the city of Edmonds concerning the application prior to issuance of the staff decision; or
3. Anyone within 300 feet of the property which is the subject of the application, or who can demonstrate an interest in the action.
B. Department Action. The community services department shall promptly:
1. Send a copy of the appeal to the project applicant if the person appealing is not the applicant.
2. Give notice of the hearing as specified in Chapter 20.91 ECDC.
3. Send a copy of the notice of hearing to the person appealing.
4. Provide a copy of the staff report and decision, minutes of the hearing held on the decision, a response to the appeal, and other relevant documents, to the hearing examiner. The project applicant, person appealing and other interested parties shall be notified in writing that the materials are on file and may be reviewed and/or copied at the expense of the person wishing the copies.
C. Public Hearing. The hearing examiner shall hold a public hearing on the appeal in the manner provided in Chapter 20.91 ECDC. The hearing examiner shall base the decision on the appeal on the same criteria and findings as set forth in this code for the original decision.
D. Appeal of Hearing Examiner Decision. The decision of the hearing examiner on appeals of staff decisions on project permit applications shall be final and shall not be appealable to the city council. Hearing examiner decisions on appeals of staff decisions that do not involve project permit applications shall be appealable to the city council pursuant to the process specified in ECDC 20.105.040. [Ord. 3112 § 32, 1996; Ord. 2584 § 1, 1986].
20.105.040 Appeal of hearing examiner action.
A. Who May Appeal. Persons entitled to appeal are:
1. The applicant; or
2. Anyone who has submitted a written document to the city of Edmonds concerning the application prior to or at the hearing identified in ECDC 20.100.010; or
3. Anyone testifying on the application at the hearing identified in ECDC 20.100.010.
B. Department Action. The community services department shall promptly:
1. Send a copy of the appeal to the hearing examiner and to the applicant if the person appealing is not the applicant.
2. Send a copy of the appeal to the city clerk, along with copies of reports, hearing minutes and any other relevant material that the hearing examiner has not already sent to the council as part of his or her decision.
C. City Clerk Action. After receiving notice of an appeal of a hearing examiner action, the city clerk shall promptly:
1. Set the meeting on the appeal on a city council agenda for a date that is within 30 days of the date the appeal was filed.
2. Give notice of the meeting as specified for public hearings in Chapter 20.91 ECDC.
3. Send a notice of the hearing to the person appealing.
D. City Council Review.
1. The council shall consider the appeal, including review of the record, in a closed record appeal. The parties to the appeal may submit timely written statements or arguments.
2. The council shall review the proposal using the same criteria and findings set forth in this code for the original decision.
3. The council shall state its findings and conclusions regarding the appeal. The council may take either of the following actions:
a. Affirm, modify or reverse the action of the hearing examiner; or
b. Remand the matter back to the hearing examiner for further consideration in accordance with ECDC 20.105.040(E).
The decision of the council shall be final, shall be put into writing, and shall include any conditions placed on an approval.
E. Remand. In the event the city council determines that additional consideration or clarification from the hearing examiner is necessary, the council may remand the matter back to the hearing examiner. The council shall specify the items or issues to be considered and the time frame for completing the additional work. [Ord. 3112 § 33, 1996].
20.105.045 Return of appeal fee – Determination of council.
An appellant who substantially prevails on its appeal shall be entitled to a refund of the appeal fee. In the event that an appellant appeals a number of related actions, prevailing on certain of its appeals and not on others, the city council may apportion the return of the appeal fee in accordance with its determination. The decision of the city council shall be final. [Ord. 3297 § 1, 2000].
20.105.050 Procedural irregularity.
No procedural irregularity or informality in the notice, consideration, hearing or development of any matter contained or regulated in the community development code, or any of its elements, shall affect the final decision, or any other action leading to the final decision, unless substantial rights of a person with demonstrable beneficial interests are adversely affected.
20.105.060 Penalties.
The community development code (ECDC Titles 15, 16, 17, 18, 19, 20, and 21) is an integral part of the Edmonds City Code, but for convenience of users copies are separately published for sale and distribution to the public. Any and all violations of any portion of the community development code shall be subject to fine and/or imprisonment as set forth in Chapter 5.50 ECC. Where civil remedies, such as assessment of costs and liens, are prescribed by the community development code, they are not in lieu of criminal penalties, or alternative to criminal penalties, but are sanctions that may be imposed in addition to criminal penalties. [Ord. 2705, 1989].
20.105.070 Court review.
Any final decision or other final action for which no other administrative appeal is specifically provided in the ECC or ECDC and for which all other appeals specifically authorized have been timely exhausted shall be reviewable as provided by state law before the Superior Court of Snohomish County. Any such action shall be filed within 21 calendar days from any final decision or other final action so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. [Ord. 3112 § 34, 1996].