3039 Fire Impact Appeal UpdateORDINANCE NO. 3039
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, AMENDING SECTION 21.03.140 OF THE MOSES LAKE MUNICIPAL CODE TITLED “APPEALS”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE DO ORDAIN AS FOLLOWS:
Section 1. Section 21.03.140 of the Moses Lake Municipal Code titled “Appeals” is
amended as follows:
21.03.140 Appeals.
(a) An appeal of an impact fee imposed on a building permit may only be filed by the applicant
of the building permit for the subject property. An applicant may either file an appeal and pay the
impact fee imposed by this chapter under protest or appeal the impact fee before issuance of the
building permit. No appeal may be filed after the impact fee has been paid and the building
permit has been issued.
(b) An appeal shall be filed with the hearing examiner on the following determinations of the
director:
(1) The applicability of the impact fees to a given building permit pursuant to
Sections 21.03.030 and 21.03.050;
(2) The decision on an independent fee calculation in Section 21.03.050; or
(3) Any other determination which the director is authorized to make pursuant to this
chapter.
(c) An appeal, in the form of a letter of appeal, along with the required appeal fee, shall be filed
with the department for all determinations by the director, prior to issuance of a building permit.
Appellant has the burden of proof with respect to the points raised on appeal and has the burden
of establishing that the director’s determination is not supported by a preponderance of the
evidence or was clearly erroneous. The letter must contain the following:
(1) A basis for and arguments supporting the appeal; and
Document Ref: RTP7V-N6FIR-KFWGZ-U8FNH Page 1 of 3
(2) Technical information and specific data supporting the appeal.
(d) The fee for filing an appeal shall be set forth in the adopted Moses Lake Land Use Fee
Schedule.
(e) Within twenty-eight calendar days of the filing of the appeal, the director shall mail to the
hearing examiner the following:
(1) The appeal and any supportive information submitted by the appellant;
(2) The director’s determination along with the record of the impact fee determination
and, if applicable, the independent fee calculation; and
(3) A memorandum from the director analyzing the appeal.
(f) The hearing examiner shall review the appeal from the applicant, the director’s
memorandum, and the record of determination from the director. No oral testimony shall be
given, although legal arguments may be made. The determination of the director shall be
accorded substantial weight.
(g) The hearing examiner is authorized to make findings of fact and conclusions of law
regarding the decision. The hearing examiner may, so long as such action is in conformance with
the provisions of this chapter, reverse or affirm, in whole or in part, or modify the determination
of the director, and may make such order, requirements, decision or determination as ought to be
made, and to that end shall have the powers which have been granted to the director by this
chapter. The hearing examiner’s decision shall be final.
(h) The hearing examiner shall distribute a written decision to the director within fifteen
business days.
(i) The department shall distribute a copy of the hearing examiner’s decision to the appellant
within five business days of receiving the decision.
(j) In the event the hearing examiner determines that there is a flaw in the impact fee program,
that a specific exemption per Section 21.03.030(c) should be awarded on a consistent basis, or
that the principles of fairness require amendments to this chapter, the hearing examiner may
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advise the council as to any question or questions that the hearing examiner believes should be
reviewed as part of the council’s review of the fee schedule as provided by Section 21.03.130.
(k)The hearing examiner’s final decision is subject to appeal to the Superior Court of the state
of Washington, Grant County, pursuant to the rules and regulations set forth in the Land Use
Petition Act, Chapter 36.70C RCW.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage
and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
November 14, 2023.
_____________________________________
Don Myers, Mayor
ATTEST:
_______________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: November 20, 2023
Date Effective: November 25, 2023
Aye Aye Aye Aye Aye Aye Aye
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Signature Certificate
Reference number: RTP7V-N6FIR-KFWGZ-U8FNH
Document completed by all parties on:
18 Nov 2023 19:03:57 UTC
Page 1 of 1
Signer Timestamp Signature
Mayor Don Myers
Email: dmyers@cityofml.com
Recipient Verification:
Sent:17 Nov 2023 00:58:58 UTC
Viewed:17 Nov 2023 02:10:55 UTC
Signed:17 Nov 2023 02:11:22 UTC
✔Email verified 17 Nov 2023 02:10:55 UTC IP address: 166.198.252.97
Katherine Kenison
Email: kkenison@basinlaw.com
Recipient Verification:
Sent:17 Nov 2023 00:58:58 UTC
Viewed:17 Nov 2023 02:41:55 UTC
Signed:17 Nov 2023 02:42:09 UTC
✔Email verified 17 Nov 2023 02:41:55 UTC
IP address: 162.118.7.69
Location: Moses Lake, United States
Debbie Burke
Email: dburke@cityofml.com
Recipient Verification:
Sent:17 Nov 2023 00:58:58 UTC
Viewed:18 Nov 2023 19:03:33 UTC
Signed:18 Nov 2023 19:03:57 UTC
✔Email verified 18 Nov 2023 19:03:33 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
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