Chapter 16.11
Appeals

Sections:

16.11.010 Appeal of Administrative Interpretations and Approvals

16.11.020 Appeal of Hearing Examiner Decisions

16.11.030 Appeal to the City Council

16.11.040 Judicial Appeal

16.11.010 Appeal of Administrative Interpretations and Approvals

Administrative interpretations and administrative approvals may be appealed, by applicants or parties of record, to the Hearing Examiner. Appeals shall be filed consistent with the requirements of SMC 15.22.065(A). (Ord. 96-1008 § 1)

16.11.020 Appeal of Hearing Examiner Decisions

A.  The following decisions of the Hearing Examiner may be appealed, by applicants or parties of record, from the Hearing Examiner hearings to the City Council:

1.  Preliminary subdivisions;

2.  Preliminary planned unit developments;

3.  Rezones not initiated by the City.

B.  The following decisions of the Hearing Examiner may be appealed, by applicants or parties of record, from the Hearing Examiner hearing to King County Superior Court:

1.  Conditional use permits;

2.  Variances;

3.  Open record appeals of threshold determinations or other actions as determined by the City Council. (Ord. 96-1019 § 15; Ord. 96-1008 § 1)

16.11.030 Appeal to the City Council

A.  Filing. Every appeal to the City Council shall be filed with the City Clerk within ten (10) working days after the date of the decision of the matter being appealed. Such appeals shall be filed and considered consistent with SMC 15.22.065.

B.  Contents. The notice of appeal shall contain a concise statement identifying:

1.  The decision being appealed;

2.  The name and address of the appellant and his/her interest(s) in the matter;

3.  The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;

4.  The desired outcome or changes to the decision;

5.  The appeals fee. (Ord. 96-1008 § 1)

16.11.040 Judicial Appeal

A.  Appeals from the final decision of the City Council or Hearing Examiner involving SMC Titles 13 to 16 and for which all other appeals specifically authorized have been timely exhausted shall be made to King 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, City Manager or his designee, 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. (Ord. 96-1008 § 1)