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HomeMy WebLinkAboutOrdinances - 2021-30 - related to the authorities and duties of the City of East Wenatchee Hearing Examiner amending Section 2.42 of the EWMC - 12/7/2021City of East Wenatchee, Washington Ordinance No. 2021-30 An Ordinance of the City of East Wenatchee related to the authorities and duties of the City of East Wenatchee Hearing Examiner amending Section 2.42 of the East Wenatchee Municipal Code, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee relacionada con las autoridades y deberes del Examinador de Audiencias de la Ciudad de East Wenatchee enmendando la Sección 2.42 del Código Municipal de East Wenatchee, el cual contiene una cláusula de divisibilidad y establece una fecha de vigencia. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 3.2. RCW 35A.63.100 authorizes the City Council to adopt ordinances establishing procedures for administration of permits for the use and subdivision of land within the City. 4. Purpose. The purpose of this ordinance is to update the East Wenatchee Municipal Code (EWMC) Section 2.42. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendment. The City Council amends EWMC Section 2.42 as set forth in Exhibit A. 6. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above as well as the findings of fact and conclusions of law as set forth below. City of East Wenatchee Ordinance 2021-30 and Exhibit A Page 2 of 4 6.1. Findings of Fact: 6.1.1. On November 16, 2021, the East Wenatchee City Council adopted Ordinance 2021-28 which amended EWMC Title 19 Administration of Development Regulation. Amendments to Title 19 amended the list of development permit applications that the hearing examiner has the authority to review and take action on. 6.1.2. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 6.2. Conclusions of Law: 6.2.1. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 6.2.2. The amendments included in Exhibit A will make EWMC 2.42 consistent with the amendments to EWMC Title 19 adopted by Ordinance 2021-28. 6.2.3. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 7. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance. 8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 9. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. EXHIBIT A 1    Chapter 2.42 HEARING EXAMINER Sections: 2.42.010 Appointment. 2.42.020 Hearing examiner pro tempore. 2.42.030 Removal. 2.42.040 Qualifications. 2.42.050 Powers and authority – General. 2.42.060 Powers and authority – Specific. 2.42.070 Jurisdiction. 2.42.080 Conflict of interest and freedom from improper influence. 2.42.090 Applications to the hearing examiner. 2.42.100 Notices and reports. 2.42.110 Hearings. 2.42.120 Findings and decision. 2.42.130 Appeals. 2.42.010 Appointment. The city establishes the position of hearing examiner. The mayor shall have the power to appoint an individual necessary to fulfill the function of hearing examiner for the city, subject to the prior confirmation of the appointee by the city council, subject further to the execution of an agreement between the city and the appointee providing for the terms of the appointment including compensation. The appointment of the hearing examiner by the mayor, as approved by the city council, shall be for a period of one year commencing with the date of appointment.The hearing examiner shall be appointed by the mayor, as approved by the city council. This position will be a contracted position, reimbursement for which will be prescribed by the contract between the city and the hearing examiner 2.42.020 Hearing examiner pro tempore. The mayor may appoint one or more hearing examiner pro tempore to serve when the hearing examiner is absent, if the hearing examiner is absent because of a conflict of interest in any specific matter. Appointment of a hearing examiner pro tempore does not require prior council confirmation. A hearing examiner pro tempore shall have all of the power and authority of the hearing examiner as set forth in this chapter and the East Wenatchee Municipal Code. Compensation for a hearing examiner pro tempore shall be established by the mayor and consistent with the compensation of the hearing examiner. 2.42.030 Removal. A hearing examiner may be removed from office for cause by a majority vote of the city council after consideration of a recommendation as to removal or nonremoval from the mayor. 2.42.040 Qualifications. The hearing examiner shall be appointed solely with regard to his/her qualifications for the duties of the office and shall have such training or experience as will qualify him/her to conduct administrative or quasi-judicial hearings utilizing land use regulatory codes. A hearing examiner must have expertise and experience in planning, and should have knowledge or experience in at least one of the following areas: environmental sciences, law, architecture, economics or EXHIBIT A 2    engineering. A hearing examiner shall hold no other elective or appointive office or position with the city of East Wenatchee or with Douglas County. 2.42.050 Powers and authority – General. The hearing examiner shall have the power and authority as set forth in the East Wenatchee Municipal Code, including but not limited to the power and authority exercised by the city board of adjustment. Whenever a provision in the East Wenatchee Municipal Code refers to “board of adjustment” or “board of appeals,” that shall be and mean a reference to the hearing examiner. 2.42.060 Powers and authority – Specific. The hearing examiner shall have the power and authority to hear and make final decisions on all matters coming before the hearing examiner and specifically shall hear and decide applications for the following: A. Conditional use permits; B. Variances, Critical areas reasonable use; C. Preliminary Plats, plat alterations, plat vacations C. Appeals of administrative decisions or determinations relating to city development regulations or zoning provisions; D. Shoreline substantial development permits, variances, conditional use permits and nonconforming use permits pursuant to the Shoreline Management Act and shoreline master program; and E. Planned unit developments, major PUD amendments F. Such other matters assigned to be heard by the hearing examiner, board of adjustment or board of appeals by ordinances of the city or the East Wenatchee Municipal Code, as the same presently exist or as may hereafter be adopted or amended by the city. 2.42.070 Jurisdiction. A. The hearing examiner shall receive and examine available information, conduct open record public hearings and issue final decisions, including findings and conclusions, based solely upon the evidence in the record. The general and specific powers and authority of the hearing examiner shall be subject to all applicable ordinances of the city and the East Wenatchee Municipal Code. All orders, recommendations, permits, decisions or determinations made by the hearing examiner shall be consistent with city ordinances and with East Wenatchee Municipal Code provisions. B. The hearing examiner may grant or deny the application or appeal, or the hearing examiner may grant the application or appeal with such conditions, modifications, and restrictions as the hearing examiner finds necessary to make the application or appeal compatible and consistent with applicable local, state and federal regulations. C. The hearing examiner shall not rehear any application or appeal on the same grounds within a period of one year following the date of the hearing examiner’s initial decision. EXHIBIT A 3    2.42.080 Conflict of interest and freedom from improper influence. A. No hearing examiner shall conduct or participate in any hearing or decision in which the hearing examiner has a direct or indirect financial or personal interest or in which such conduct or participation would violate any applicable rule of law. B. Individual councilmembers, city officials, or any other person shall not interfere with or attempt to interfere with the hearing examiner in the performance of his/her designated duties. 2.42.090 Applications to the hearing examiner. Applicants to be heard by the hearing examiner shall make application on forms provided by the community development department and shall supply such information as the hearing examiner may require. The application shall be accompanied by any applicable filing fee related to the process being pursued by the applicant. 2.42.100 Notices and reports. The community development department (“department”) shall provide all notices required by state law, by city ordinance, or by the East Wenatchee Municipal Code for matters coming before the hearing examiner and shall comply with all applicable requirements for the posting of notices on any property involved in an application before the hearing examiner. When an application has been scheduled for a public hearing, the department shall coordinate and assemble the comments and recommendations of other city departments and agencies having an interest in the application. The department shall prepare a report summarizing the proposal, factors involved and the findings and recommendations of the department. At least 10 calendar days prior to the scheduled hearing, the report shall be filed with the hearing examiner and copies shall be mailed to the applicant and made available to any interested party at the cost of reproduction. 2.42.110 Hearings. A. The hearing examiner shall hold hearings to consider matters on the second Wednesday of each month at 6:00 p.m. at City Hall and at such other times as are specially set by the hearing examiner. B. The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings before the examiner; and also to administer oaths and to preserve order. C. All official actions of the hearing examiner shall be subject to applicable notices and shall be conducted at a public hearing at an open public meeting, pursuant to the rules and procedures established by the hearing examiner. The community development department shall provide the staff report and be available for questions as part of the public hearing. Any interested person may appear and be heard subject to the rules and procedures adopted by the hearing examiner. Attendance at hearings by city officials may be compelled by the hearing examiner. The applicant, opponents, and proponents may submit written materials for consideration by the hearing examiner, provided the materials are submitted prior to the close of the receipt of public comment at the public hearing. D. No action shall be taken on matters before the hearing examiner if the applicant or an authorized representative is not present at the public hearing. In such cases, the hearing may be continued to a specific time and place or set for the next regular hearing date. E. The hearing examiner may continue a hearing in the event the hearing examiner deems that a continuance is necessary. EXHIBIT A 4    2.42.120 Findings and decision. Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city comprehensive plan and the city development regulations, as applicable. Each final decision of the hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within 10 working days following conclusion of all testimony and hearings. Notices of decision shall comply with the requirements of EWMC Title 19. Upon issuance of the hearing examiner’s decision, the department shall transmit a copy of the decision by certified mail to the applicant and send a notice of the decision by first class mail to other interested parties requesting the same. 2.42.130 Appeals. An appeal from a decision of the hearing examiner must be filed in Douglas County superior court and served on all appropriate parties within 21 days following the issuance of the written decision of the hearing examiner, unless a specific state law provides that the appeal should be filed somewhere other than in Douglas County superior court, or in a different time frame, in which case the other specifically stated time frame within which the appeal must be filed and the place where the appeal must be filed shall apply.