20.03.055 Hearing Examiner Appeal Procedure.
A. Written Appeal. Appeals shall be written and shall include the following:
1. 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. a brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant;
4. a brief statement of the relief sought and the reasons why it is claimed the action appealed from should be reversed, modified, or otherwise set aside;
5. a list of property owners as specified in 19.73.130 if no public hearing has been held earlier; and
6. the appeal fee established pursuant to 19.73.100
B. Filing the Appeal. The appellant shall file an appeal with the planning department within ten (10) days after the date of the decision being appealed.
C. Rejection of Appeal. If an appeal is not properly filed because one or more of the required materials set forth in 19.73.100 has not been submitted to the planning department within the time limit established in 19.73.110, the city planner has the authority to reject the appeal. In such instances, the city planner shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).
D. Stay of Proceedings. If an appeal is properly filed within the time limit, the appealed decision shall be suspended, and no further development action which is the subject of the appeal may be taken until the appeal is decided, but if a suspension would cause imminent peril to life or property, development action may be continued only by an order issued by the Examiner or by a court of competent jurisdiction.
E. Department Action. If an appeal is properly filed within the time limit, the City Planner shall:
1. set the hearing on the appeal for a date that is within thirty (30) days of the date the appeal was filed;
2. give notice of the hearing as specified in 19.73.130; and,
3. provide the Hearing Examiner with copies of the staff report, minutes if any, the decision, a preliminary response to the appeal, and other relevant material. The project applicant, appellant, and other interested parties who have made requests to the planning department shall be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so.
F. Hearing Examiner Review.
1. The Hearing Examiner shall hold a public hearing on the appeal in the manner provided in Chapter 19.73.
2. The Hearing Examiner shall base his/her decision on the same standards and criteria set forth in this Title for the original decision.
3. The Hearing Examiner may affirm, modify, or reverse the action of the staff.
4. The decision of the Hearing Examiner shall include any conditions placed on the approval if approval is granted.
5. The decision of the Hearing Examiner shall be final and conclusive, unless within twenty-one (21) days from the date of the decision the project applicant, appellant, or an aggrieved person files with the Superior Court of Grant County a land use petition in accordance with RCW. 36.70C, as it now exists or may hereafter be amended. [Ord. 2006-03, December 2006.]