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Home My WebLink AboutOrd 2120 - Appeal FeesCover page to Ordinance2120 The full text of the ordinance follows this cover page. Ordinance2120was amended or repealedby the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 12315 22547 3, 42741 \OM 0 43 o 1 9oa City of u la Washington Ordinance No. 2120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS SECTIONS OF THE TUKWILA MUNICIPAL CODE REGARDING APPEAL FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has determined that there is an administrative cost associated with appeals; and WHEREAS, the City has determined that the appealing party should pay this cost; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1788 §1 (part), as codified at TMC 5.04.112, is hereby amended to read as follows: 5.04.112 Appeal of Notice of Denial, Suspension or Revocation A. Appeals from a Notice of Denial, Suspension or Revocation under this chapter shall be conducted in the same manner as appeals from a "Notice and Order" under Tukwila Municipal Code Chapter 8.45. B. The appeal shall be filed with the City Clerk's Office along with an appeal fee of $250.00. Section 2. Ordinance No. 1838 §2 (part), as codified at TMC 8.45.090, is hereby amended to read as follows: 8.45.090 Appeal to Hearing Examiner A. The person incurring the penalty described in a Notice of Violation issued by the Code Enforcement Officer, pursuant to TMC 8.45.050C, may obtain an appeal of the Notice by requesting such appeal within ten calendar days after receiving or otherwise being served with the Notice pursuant to TMC 8.45.050. When the last day of the period so computed is a Saturday or Sunday, or a Federal or City holiday, the period shall run until 4:30 PM the next business day. The request shall be in writing and include the applicable appeal fee. Upon receipt of the appeal request, the Code Enforcement Office shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and or the person(s) named on the Notice of Violation under the procedures described in TMC 8.45.050D, or as may be otherwise requested by the appealing party. B. The appeal fee for a Notice of Violation in an LDR zone shall be $100.00, and in all other zones shall be $200.00. C. At or after the appeal hearing, the Hearing Examiner may: 1. Sustain the Notice of Violation; 2. Withdraw the Notice of Violation; 3. Continue the review to a date certain for receipt of additional information; or C: \Documents and Settings \AlI Users\ Desktop \Kelly \MSDATA \Ordinances\Appeal Fees.doc NG:kn 3/17/2006 Page 1 of 3 4. Modify the Notice of Violation, which may include an extension of the compliance date. D. The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review and shall cause the same to be sent to the person(s) named on the Notice of Violation under the same procedures described in TMC 8.45.050D or as otherwise directed by the appealing party. E. The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21 days of the issuance of the Hearing Examiner's decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant. Section 3. Ordinance Nos. 1758 §1 (part), 1770 §62, and 1796 §3 (part), as codified at TMC 18.90.010, are hereby amended to read as follows: 18.90.010 Appeals From Decisions or Interpretations of the Director A. Any person aggrieved by any interpretation of this title by the Director may appeal the Director's interpretation to the Hearing Examiner. Any such appeal shall be a Type 2 decision and shall be processed pursuant to TMC 18.108.020. B. At the time the appeal is filed, the appealing party shall pay an appeal fee pursuant to the fee schedule. Section 4. Ordinance Nos. 1768 §5 (part) and 1847 §4, as codified at TMC 18.116.010, are hereby amended to read as follows: 18.116.010 Time for Filing Appeal A. Except for shoreline permits that are appealable to the State Shorelines Hearings Board, all notice of appeal of Type 2 land use decisions and Type 4 decisions made by the Board of Architectural Review or Planning Commission shall be filed within 14 calendar days from the date of issuance of the Notice of Decision; provided that the appeal period shall be extended for an additional seven calendar days if the project involves any one or more of the following situations: 1. There is another agency with jurisdiction as defined in WAC 197 -11- 714(3). 2. The project involves the demolition of any structure or facility that is not categorically exempt under WAC 197- 11- 800(2)(f) or 197 -11 -880. 3. The project involves a clearing or grading permit not categorically exempt under WAC 197 -11- 800 through 197 -11 -880. 4. A Mitigated Determination of Nonsignificance was issued for the project pursuant to WAC 197 -11 -350. 5. A Declaration of Significance for the project has been withdrawn pursuant to WAC 197 -11- 360(4) and replaced by a Declaration of Nonsignificance. B. All notices of appeal shall be submitted along with an appeal fee pursuant to the fee schedule. C. Any appeal from a code interpretation issued by the Director shall be filed within 14 days of the date of issuance of a final code interpretation by the Director. D. All notices of appeal of Type 1 decisions issued by City administrators shall be filed within 14 days of the date of the issuance of a final decision of a City administrator. E. Except as specifically provided in this chapter, no administrative appeals are permitted or required for Type 1, 2, 3, 4, or 5 land use decisions. C: \Documents and Settings\All Users\ Desktop \Kelly \MSDATA \Ordinances\Appeal Fees.doc NG:kn 3/17/2006 Page 2 of 3 Section 5. Ordinance Nos. 1331 §25, 1344 §11 and 1770 §85, as codified at TMC 21.04.280 are hereby amended to read as follows: 21.04.280 Appeals A. In the event that the Department issues a Mitigated Determination of Non Significance (MDNS), any party of record may file an appeal challenging either the conditions, which were imposed, or the failure of the Department to impose additional conditions. No other administrative SEPA appeal shall be allowed. B. At the time the appeal is filed, the appealing party shall pay an appeal fee pursuant to the fee schedule. C. All appeals filed pursuant to this section must be filed in writing with the Department within 14 calendar days of the date of the decision appealed from. D. All appeals pursuant to this section shall be consolidated with the public hearing on the merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2 decision is filed pursuant to this section, such appeal shall be consolidated with an appeal on the merits of the application. No appeals pursuant to this section shall be permitted for proposals which involve only Type 1 decisions. E. The substantive and procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. 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 days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL 9F THE CI 4 OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 20TH DAY OF MARCH, 2006 A TEST/ AUTHENTICATED: JANE E. Cantu, CMC, City Clerk APPROVED O M BY: Office .of the Ci or C: \Documents and Settings\All Users\ Desktop \Kelly \MSDATA \Ordinances\Appeal Fees.doc NG:kn 3/16/2006 day of 2006. IN\ Steven M. Mullet, Mayor Filed with the City C1erk•-- /6" 6 Passed by the City Council. _3 -•ZL) Published Effective Date 3 9 e Ordinance Number 1 (It) Page 3 of 3 SUMMARY OF ORDINANCE No. 2120 City of Tukwila, Washington On March 20, 2006, the City Council of the City of Tukwila, Washington, adopted Ordinance No.2120, the main points of which are summarized by its title as follows: An ordinance of the City Council of the City of Tukwila, Washington, amending various sections of the Tukwila Municipal Code regarding appeal fees; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed upon request. Approved by the City Council at their Regular Meeting of March 20, 2006. J j'e E. Cantu, MC, City Clerk Published Seattle Times: March 24, 2006