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