HomeMy WebLinkAbout3877 Ordinance ORDINANCE NO.3U AN ORDINANCE of the City of Pasco, Washington, Creating Section 1.01.170 "Judicial Appeals" and Amending Sections 5.27.180; 11.02.060 and 15.60.010 regarding Appeals. WHEREAS, all administrative decisions decided under the Pasco Municipal Code create an administrative record; and WHEREAS, the City Council intends that any appeal from an administrative decision to Franklin County Superior Court be based on the administrative record; and WHEREAS, it is thereby necessary that a new Section of the Pasco Municipal Code be created to specifically require all appeals to be based on an administrative record, and that other sections of the Code be amended to reference the new section,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 1.01.170 entitled "Judicial Appeals" of the Pasco Municipal Code, shall be and hereby is created and shall read as follow: 1.01.170 JUDICIAL APPEALS A) Appeals from the final decision of the hearing examiner, or other City board or administrative body involving the Pasco Municipal Code and for which all other appeals specifically have been timely exhausted, shall be made to the Franklin County Superior Court as an appeal on the administrative record within twenty-one (21) days of the date of the decision or action became final, unless another applicable appeal process or time period is established by this code. B) Notice of the appeal and any other pleadings required to be filed with the Court shall be served as required by law within the applicable time period. C) The cost of transcribing and preparing all records ordered certified by the Court or desired by the appellant for such appeal shall be borne by the appellant. The record of the proceedings shall be prepared by the City or such qualified person as it selects. Section 2. That Section 5.27.180J of the Pasco Municipal Code is amended to read as follows: J) Either party may seek review of a final decision of the City Council by commencing an action for review issue of the City ' . pursuant to the general appeal period_as set forth in Chapter 1.01 of this Code. (Ord. 3560 Sec. 25, 2002; Ord. 3262 Sec. 3, 1997.) Ordinance Creating 1.01.170 - 1 Section 3. That Section 11.02.060(6) of the Pasco Municipal Code is amended to read as follows: (6) Appeal to Superior Court. An appeal of the Code Enforcement Board's decision must be filed ursuant to the general appeal period as set forth in Chapter 1.01 of this Code.. wit4i the Franklin Cetuity Siipefier- Getu4 Y-4"a twenty ealendar days from the dffte ef the wee#- , or is thereafter barred. (Ord. 3190 Sec. 1, 1996). Section 4. That Section 15.60.010(G) of the Pasco Municipal Code is amended to read as follows: (G) Unless otherwise provided by state statute or other law, all actions seeking review of a final action of the City, whether in the form of an appeal, declaratory judgment action, petition for writ of review, or other extraordinary writ, or in any other form shall be filed with e�pifafien-of-ther-eeensideration period, whiehevef is-late", and ethe _4se ba ea, a urp suant to the general appeal period as set forth in Chapter 1.01 of this Code, or are thereafter barred. Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by th City Co cil of e City of Pasco, Washington, and approved as provided by law this 2 0 day of 2008. I( qcJ44-r--� Joyce tllayor ATTEST: APPROV D AS TO FORM: 'I, C)a � () 0 (1 —Debbie C ark, ity C erk Leland B. Kerr, City Attorney Ordinance Creating 1.01.170 - 2