Chapter 8.22
APPEALS AND FEE WAIVERS

Sections:

8.22.010    Applicability.

8.22.020    Standing to appeal a decision of the health officer.

8.22.030    Appeals.

8.22.040    Fee waivers.

8.22.010 Applicability.

This chapter applies to the following board of health rules and regulations and fee schedule:

A. Chapter 8.04 SJCC, Food Service Health Regulations.

B. Chapter 8.06 SJCC, Water Wells and Water Systems.

C. Chapter 8.14 SJCC, Solid Waste and Biosolids Handling and Facilities.

D. Chapter 8.16 SJCC, On-Site Sewage Disposal.

E. Board of health adopted fee schedule. (Ord. 16-2007 § 1)

8.22.020 Standing to appeal a decision of the health officer.

A. Decisions of the health officer made pursuant to the following chapters of the County code can be made to the board of health by any aggrieved person:

1. Chapter 8.04 SJCC, Food Service Health Regulations.

2. Chapter 8.06 SJCC, Water Wells and Water Systems; except that appeals of decisions made under SJCC 8.06.150 shall be made to the hearing examiner.

3. Chapter 8.14 SJCC, Solid Waste and Biosolids Handling and Facilities; except that appeals of permit denials or suspensions shall be made to the Pollution Control Hearings Board.

4. Chapter 8.16 SJCC, On-Site Sewage Disposal.

B. A person has standing to obtain review of the action of the health officer if that person is aggrieved or adversely affected within the meaning of this section only when all three of the following conditions are present:

1. The action of the health officer has injured or is likely to injure that person;

2. The person’s asserted interests are among those that the health officer was required to consider when he made the challenged decision; and

3. A ruling in favor of the person would substantially eliminate or redress the injury to that person caused or likely to be caused by the health officer’s action. (Ord. 16-2007 § 2)

8.22.030 Appeals.

A. Appeals. There are three types of appeals of health officer decisions:

1. Appeals to the board of health of the health officer’s variance and/or appeal decisions.

2. Appeals to the hearing examiner of staff determinations regarding water resource issues on land divisions under SJCC 8.06.150.

3. Appeals to the Pollution Control Hearings Board of permit denials or suspensions under Chapter 70.95 RCW.

B. Board of Health Appeals. The San Juan County board of health has the authority to conduct appeals of decisions made by the San Juan County health officer with the exception of solid waste permit denials/suspensions which are appealed to the state Pollution Control Hearings Board as outlined in RCW 70.95.190 and water resource determinations under SJCC 8.06.150 which shall be heard by the hearing examiner in accordance with procedures set out in Chapter 18.80 SJCC. The board of health may affirm, reverse or modify the decision that is on appeal.

1. Any aggrieved person may appeal the health officer’s decision to the board of health.

2. Appeals to the board of health must be made within 10 calendar days following the date of the written decision being appealed.

3. Content of Appeals. Appeals must be in writing, be accompanied by the appeal fee, and contain the following information:

a. Appellant’s name, address and phone number;

b. Appellant’s statement describing standing to appeal;

c. Identification of the decision being appealed;

d. Appellant’s statement on the grounds for appeal and the facts upon which the appeal is based;

e. The relief sought.

4. Board of Health Appeal. A health officer’s decision and the record upon which the contested decision was based shall be reviewed by the board of health at a regularly scheduled meeting within 45 working days of the receipt of the appeal notice. Both parties shall be notified of the date of review by the board of health. Both parties may submit additional written information, if desired, for review by board members. Such information must be received by San Juan County health and community services not fewer than 14 working days prior to the hearing to permit copying and mailing to board members. No additional written materials will be admitted at the hearing.

a. At such meeting, the appellant shall present an oral summary of his appeal and staff shall provide an oral summary of the health officer’s decision. Appellant and staff shall respond to any questions of the board. Except as set out above and as requested by the chairperson, no additional comments or testimony from the appellant, public, or witnesses shall be taken on the subject matter for purposes of the decision to be made by the board.

b. The board of health shall take one of the following actions:

i. Concur with the findings and conclusions of the health officer and decline to hear an appeal.

ii. Grant the appeal supported by findings and conclusions based on the criteria set out in County codes and state laws and regulations.

iii. Determine to hear the appeal at a de novo hearing to be established at a later date.

iv. Remand a decision to the health officer for further consideration and specifically identify for the health officer the grounds for the remand.

5. Board of Health Appeal Hearing. The board of health may determine that a de novo hearing is warranted on the appeal. Said hearing will be scheduled within 60 calendar days of the date that the determination was made that a hearing is necessary. The following procedures shall be used to schedule and hold a board of health appeal hearing:

a. The board of health shall notify the appealing party and the health official of the time and place for the public hearing and both shall be entitled to attend and present further information or evidence. The board of health chairperson shall swear in all potential witnesses. The health official shall present the department’s case. The appellant may present his or her case. At the discretion of the board of health, the health official and the appellant may present rebuttal testimony. The board may question either party and witnesses. The board shall allow both parties the opportunity for a closing statement or summation. Evidence, exhibits, affidavits, documents and testimony shall be considered by the board which has the sole judge of the weight and credibility of the evidence. General rights of the parties include that they:

i. May be represented by an attorney;

ii. May present witnesses;

iii. May cross-examine witnesses;

iv. May object to evidence for specific grounds; and

v. May not be compelled to give any information that is recognized as privileged in a court of law.

b. The secretary of the board of health shall give due notice of the time and place for hearing of the appeal request to the applicant and adjacent property owners, either in person or by first class mail. Said notices must be delivered not less than seven calendar days and not more than 30 days prior to the hearing. The notice shall state the name and address of the owner of the property, the location of the property and a brief statement of the nature of the appeal. Said notice shall be sent to the property owners, as appears from the authentic tax records of this County, of all property adjacent to the external boundaries of the property for which the appeal is made. The appealing party shall provide the board of health with a complete list of names and last known addresses of the owners of the properties required to be notified at the time the appeal is filed.

c. The board of health secretary shall ensure the public notice is published at least once in the official County newspaper not more than 30 days and not less than 10 calendar days before the hearing. The notice shall state the place of the hearing, the location of the property, as well as a statement of the nature of the appeal. It shall contain a legal description of the property affected or the common address, or its location by distances from the nearest major street or road intersection, so that the property can be easily identified.

d. At the conclusion of the public hearing, the board of health will announce the time and date when their decision on the appeal will be made public. Upon announcement of the decision, the board secretary shall type and the board chairperson shall sign a written report of the findings and decision. Copies of the written report shall be sent to the appellant, affected property owners and the health official. The board of health shall retain the appeal request and all other submitted documents.

6. Board of Health Decision. The board of health shall consider and render a written decision on all appeals. The board shall sustain the health officer’s decisions if the board determines that the health officer’s findings are supported by substantial evidence, and must sustain the examiner’s conclusions unless such conclusions are contrary to law. If the board determines that an error did occur, it may issue a new decision or modify the decision rendered by the health officer. The decision of the board of health shall be supported by findings and conclusions.

7. Time and Notice. The decision shall be issued within 90 days from the date the appeal is filed.

8. The action of the board of health shall be final and conclusive unless within 21 calendar days from the date of the announcement of the decision either party makes application to the San Juan County superior court for review of the board of health decision.

D. Hearing Examiner Appeals. Determinations by the health officer regarding water resource issues on land divisions may be appealed to the San Juan County hearing examiner. Procedures for appealing staff determinations are contained in SJCC Title 18, Unified Development Code.

E. Pollution Control Hearings Board. Denials and suspensions of solid waste facility permits under Chapter 70.95 RCW shall be appealed to the State Pollution Control Hearings Board as prescribed in Chapter 70.95 RCW. (Ord. 16-2007 § 3)

8.22.040 Fee waivers.

A. Eligibility. The San Juan County board of health establishes fees by resolution following a public hearing. As such, the board of health has the authority to reduce and/or waive permit or license fees. Projects that are eligible for fee reductions and/or waivers include:

1. The development or owner-occupied dwelling is intended for occupancy by very low-income, low-income, and moderate-income families, as defined by Section 1 of the Housing Needs Assessment for San Juan County, Appendix 5 of the Comprehensive Plan; or

2. The applicant is an organization classified as a 501(c) nonprofit organization by the Internal Revenue Service and the development is intended for occupancy by very low-income, low-income, and moderate-income families, as defined by Section 1 of the Housing Needs Assessment for San Juan County, Appendix 5 of the Comprehensive Plan.

B. Procedure. The following procedure will be used to process all fee waiver or reduction requests:

1. Applicants for permits may request a fee waiver or reduction. The request must be in writing and contain the applicant’s name, the fee(s) reduction or waiver sought and the grounds for the reduction or waiver. The waiver request must be submitted to the department of health and community services for processing.

2. The board of health shall process the fee waiver and/or reduction request during their next regularly scheduled board meeting.

3. The applicant will be notified by phone of the date and time of the board of health meeting. The applicant is welcome to attend the board meeting, but attendance is not necessary to process the request.

4. A written decision will be sent to the applicant within one week of the board of health’s decision.

5. Decisions of the board are final. (Ord. 16-2007 § 5)