HomeMy WebLinkAboutOrd 1749 - Hearing Officer Decision Appeal (Repealed by Ord 1838) r' Z�
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Ordinance No. _L? q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING CHAPTER
8.45 OF THE TUKWILA MUNICIPAL CODE REGARDING
APPEALS OF DECISIONS OF THE HEARING OFFICER;
SPECIFYING THAT SAID APPEALS BE MADE TO THE
SUPERIOR COURT; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 8.45 of the Tukwila Municipal Code, Civil Violations, stipulates that
appeals of decisions of the Hearing Officer shall be made to the Board of Adjustment; and
WHEREAS, the Board of Adjustment has determined that the complexity of these appeals
presents a special challenge for a citizen volunteer board; and
WHEREAS, it has been determined that the purpose of Chapter 8.45 of the Tukwila
Municipal Code would be better served by eliminating the Board of Adjustment from the appeals
process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 8.45.060 Appeal from Notice and Order. Section 8.45.060 is hereby
amended to read as follows:
(a) The Hearing Officer is designated to hear appeals filed pursuant to Section 8.45.050. The
Hearing Officer may adopt reasonable rules and regulations for conducting such appeals.
(b) Any person may, within ten days after receipt of a notice and order, file with the City Clerk a
written notice of appeal containing the following:
(1) A heading with the words: "Before the Hearing Officer of the City of Tukwila
(2) A caption reading: "Appeal of giving the names of all appellants
participating in the appeal;
(3) A brief statement setting forth the legal interest of each of the appellants in the
property involved in the notice and order;
(4) A brief statement of the specific order or action protested, together with any material
facts claimed to support the contentions of the appellant or appellants;
(5) A brief statement of the relief sought, and the reasons why it is claimed that the notice
and order should be reversed, modified, or otherwise set aside;
(6) The signature of all persons named as appellants, and their official mailing addresses;
(7) The verification (by declaration under penalty of perjury) of each appellant as to the
truth of the matters stated in the appeal.
(c) Upon timely receipt of a notice of appeal, the Hearing Officer shall fix a date, time and place
for the hearing of the appeal. The City Clerk shall give written notice of the time and place of the
hearing at least ten days prior to the hearing date established by the Hearing Officer, by mailing a
copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each
appellant at his or her address shown on the notice of appeal.
BOAAPPLS.DOC 818195 1
(d) At the hearing, the appellant or appellants shall be entitled to appear in person, and to be
represented by counsel and to offer such evidence as may be pertinent and material to the notice
and order. The rules of evidence need not be followed.
(e) Only those matters or issues specifically raised by the appellant or appellants in the written
notice of appeal shall be considered in the hearing of the appeal.
(f) Within ten business days following conclusion of the hearing, the Hearing Officer shall issue
a written decision which may affirm, modify, or overrule the notice and order of the applicable
department director, and may further impose additional terms and conditions regarding material
issues.
(g) Failure of any person to file an appeal in accordance with the provisions of this chapter shall
constitute a waiver of the right to an administrative hearing and adjudication of the notice and
order, and shall constitute a bar to judicial review.
(h) Any appeal of a decision of the Hearing Officer shall be appealed by writ of review to the
Superior Court within fourteen days from and including the date of the Hearing Officer's decision.
(i) Enforcement of any requirement of a notice and order, or suspension or revocation of any
business license, or other order shall be stayed during the pendency of any appeal which is
properly and timely filed.
(j) The City is authorized to institute any proceedings necessary to collect any civil penalty
imposed hereunder or otherwise to enforce any provision of this chapter. In the event of litigation
to collect any civil penalty imposed hereunder, the prevailing party shall be awarded reasonable
costs and attorney fees.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five (5) days after passage
and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE WY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this 7 day of .1995.
A TTEST /AUTHENTICATED:
c e E. Cantu, City Clerk
APPROVED AS TO FORM:
By '1-a--1=)4 P
Office of the City Attorney
FILED WITH THE CITY CLERK: g 9s
PASSED BY THE CITY COUNCIL: 8 7- ss
PUBLISHED: 8 /5 ff
EFFECTIVE DATE: -zc- 9s
ORDINANCE NO.: 77c
Rants, Mayor
BOAAPPLS.DOC 8/8/95 2
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1'/
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING CHAPTER 8.45 OF THE TUKWILA
MUNICIPAL CODE REGARDING APPEALS OF DECISIONS OF
THE HEARING OFFICER; SPECIFYING THAT SAID APPEALS
BE MADE TO THE SUPERIOR COURT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
On 7— f3 the City Council of the City of Tukwila passed Ordinance
No./ 9 9 eliminating the Board of Adjustment from the appeals process; providing for
severability and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 7-75
Published Seattle Times:
fr Y Jane E. Cantu, City Clerk