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2318ORDINANCE NO. 2318 AN ORDINANCE AMENDING CHAPTER 18.80 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "HEARING EXAMINER" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 18.80 of the Moses Lake Municipal Code entitled "Hearing Examiner" is amended as follows: 18.80.100 Applications and Appeals: A.Applications for all matters to be heard by the Hearing Examiner, including appeals, shall be presented to the Community Development Department. When it is found an application or appeal meets the filing requirements of the Community Development Department, it shall be accepted. B.The City Manager shall establish an application fee that recovers from applicants at least ninety percent (90%) of the costs of the examiner. 18.80.102 Application Procedure: A complete application shall contain a detailed site plan describing the request sought. The Community Development Director shall be responsible for assigning a date for a public hearing for each application, which date shall not be more than thirty (30) days after the applicant has complied with all requirements and furnished all necessary data to the Community Development Department. 18.80.104 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.An appeal fee established pursuant to Section 18.80.100. 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 (1) or more of the required materials set forth in this section has not been submitted to the Community Development Department within the time limit established in this section, the Community Development Director has the authority to reject the appeal. In such instances, the Community Development Director 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 board or by a court of competent jurisdiction. ORDINANCE 2320 :) PAGE 2 March 27, 2007 E. Department Action. If an appeal is properly filed within the time limit, the Community Development Director shall: 1.Set the hearing on the appeal for a date that is within ninety (90) days of the date the appeal was filed. 2.Give notice of the hearing as specified in Section 18.80.120. 3.Provide the Hearing Examiner with the appropriate materials as set forth in Section .110. 4.The project applicant, appellant, and other interested parties who have made requests to the Community Development 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. 18.80.110 Report by Community Development Department: A.When an application has been set for public hearing, the Community Development Department shall coordinate and assemble the comments and recommendations of other city departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the facts involved and the Community Development Department's findings and supportive recommendations. At least seven (7) calendar days prior to the scheduled hearing, the report shall be filed with the Hearing Examiner. The project applicant, appellant, and other interested parties who have made requests to the Community Development 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. B.When an appeal has been set for public hearing, the Community Development Department shall coordinate and assemble the staff report, minutes if any, the decision, a preliminary response to the appeal and other relevant material. At least seven (7) calendar days prior to the scheduled hearing, those materials shall be filed with the Hearing Examiner. The project applicant, appellant, and other interested parties who have made requests to the Community Development 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. 18.80.120 Public Hearing: Before rendering a decision or recommendation on any application, the Hearing Examiner shall hold at least one (1) open record public hearing thereon. A.Notice of the time and place of the public hearing shall be given as provided in Chapter 20.07. B.The Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths and preserve order. 18.80.130 Decision - Findings Required: When the Hearing Examiner renders a decision, the Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision, which decision shall be rendered on the tenth (10) day following the conclusion of the hearing. The copy of such decision, including findings and conclusions, shall be transmitted by certified mail, return receipt requested, to the applicant and other parties of record requesting the same pursuant to Section 20.07.040. 18.80.150 Appeal of Hearing Examiner's Decision: A. Any party who feels aggrieved by the Hearing Examiner's decision may submit an appeal as provided in Chapter 20.11. Adopted by the City Council and signed by its Mayor on Mar 107. Ronald C. Covey, Ma'rrr----- ATTEST: Rtfnald R. Cone, Finance Director VED AS TO FORM: mes A. hi aker, City Attorney ORDINANCE 2320,-2,3 PAGE 3 March 27, 2007 18.80.160 Council Action: A.When taking any action on appeal, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The Council may adopt all or portions of the Hearing Examiner's findings and conclusions. B.The action of the Council approving, modifying, or rejecting a decision of the Hearing Examiner, shall be final and conclusive, unless appealed as provided in Chapter 20.11. 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.