HomeMy WebLinkAbout2626 OrdinanceORDINANCE NO. 2626
AN ORDINANCE creating the position of hearing examiner,
establishing procedures for appointment and
removal, establishing general qualifications
and duties, and procedures to be followed by
the hearing examiner and parties appealing
such decisions; and repealing and re-enacting
Chapter 22.16 of the Pasco Municipal Code.
WHEREAS, Upon recommendation of staff and after due
consideration by the City Council, the City Council has
determined that the Board of Adjustment established in Chapter
22.16 PMC should be replaced by a hearing examiner system,
authorized by RCW 35A.63.170, and that the duties and
responsibilities currently placed with the Board of Adjustment be
placed with a hearing examiner system as set forth below;
NOW, THEREFORE,
The City Council of the City of Pasco, Washington, do
ordain as follows:
Section 1: Chapter 22.16 of the Pasco Municipal Code is
hereby repealed in its entirety so as to abolish the Board of
Adjustment and its jurisdiction, and re-enacted to provide for a
hearing examiner system, as set forth below:
CHAPTER 22.16
HEARING EXAMINER SYSTEM
Sections:
22.16.010 Purpose.
22.16.020 Creation of Land Use Hearing Examiner.
22.16.030 Appointment and Terms.
22.16.040 Qualifications.
22.16.050 Removal.
22.16.060 Freedom from Improper Influence.
22.16.070 Conflict of Interests.
22.16.080 Rules.
22.16.090 Powers.
Pr
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22.16.100 Applications.
22.16.110 Report of Community Development
Department.
22.16.120 Public Hearing.
22.16.130 Examiner's Decision.
22.16.140 Notice of Examiner's Decision.
22.16.150 Appeal from Examiner's Decision.
22.16.160 City Council Consideration.
22.16.170 Appeal to Superior Court.
22.16.010 PURPOSE. The purpose of this Chapter is
to establish a system of applying land use regulatory
controls which will best satisfy the following basic
needs:
(1) To insure procedural due process and appearance
of fairness in certain land use regulatory hearings, and
(2) To provide an efficient and effective land use
regulatory system which integrates the public hearing
and decision-making process for certain land use
matters.
22.16.020 CREATION OF LAND USE HEARING EXAMINER.
The office of Pasco Municipal Land Use Hearing Examiner,
hereinafter referred to as "examiner", is hereby
created. The examiner shall interpret, review, and
implement land use regulations and policies as provided
in this Chapter or by other ordinances of the City of
Pasco.
22.16.030 APPOINTMENT AND TERMS. The City Manager,
may appoint one or more examiners for terms which shall
initially expire one (1) year following the date of
original appointment and thereafter expire four (4)
years following the date of each re-appointment. Such
appointments may be made by professional service
contract. Examiners pro tem (i.e., substitute) may also
be contracted for to serve in the event of absence or
inability of the examiner to act.
22.16.040 QUALIFICATIONS. Examiners shall be
appointed solely with regard to their qualifications for
the duties of their office and will have such training
and experience as will qualify them to conduct
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administrative or quasi-judicial hearings on regulatory
enactments and to discharge the other functions
conferred upon them. Examiners shall hold no other
elective or appointed office of position in the City of
Pasco.
22.16.050 REMOVAL. An examiner may be removed from
office for cause by the City Manager.
22.16.060 FREEDOM FROM IMPROPER INFLUENCE. No
person, shall attempt to influence an examiner in any
manner pending before him, except publicly at a public
hearing duly called for such purpose, or to interfere
with an examiner in the performance of his duties in any
other way; PROVIDED, that this Section shall not
prohibit the City Attorney from rendering legal services
to the examiner.
22.16.070 CONFLICT OF INTEREST. No examiner shall
conduct or participate in any hearing, decision or
recommendation in which the examiner has a direct or
indirect substantial financial or family interest, or
concerning which the examiner has had substantial
prehearing contacts with proponents or opponents wherein
the issues were discussed. Nor, on appeal from or
review of an examiner's decision, shall any member of
the legislative body who has such an interest or who has
had such contacts participate in the consideration
thereof. This is not intended to prohibit necessary or
proper inquiries on matters such as scheduling, but any
such contacts are to be entered into the official record
of the hearing. Whenever possible, such inquiries and
the responses to such inquiries shall be in writing.
22.16.080 RULES. The examiner shall have the power
to prescribe rules for the scheduling and conduct of
hearings and other procedural matters related to the
duties of his office. Such rules shall provide for
rebuttal, and may authorize the examiner to limit the
time allowed to parties testifying on an equal basis,
and time limits on rebutting. Any person desiring to
question other parties testifying at the hearing shall
direct such questions to the examiner, who shall rule on
whether or not such questions are to be answered and who
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shall answer them.
22.16.090 POWERS. The examiner shall receive and
examine available information, conduct public hearings
and prepare a record thereof, and enter decisions as
provided for herein.
The examiner, subject to the appropriate conditions
and safeguards as provided by this Chapter and Title 22
of the Pasco Municipal Code, shall hear and decide:
(1) Variances. Applications for variances from
the terms of this Title, PROVIDED, that any variance
granted shall be subject to such conditions as will
assure that the adjustment thereby authorized shall not
constitute a grant of special privilege inconsistent
with the limitations upon other properties in the
vicinity and zoning which the subject property is
situated, and that the following circumstances are found
to apply:
(a) Because of special circumstances applicable to
the subject property, including size, shape, topography,
location of surroundings, the strict application of the
zoning ordinance is found to deprive subject property of
rights and privileges enjoyed by other properties in the
vicinity and under identical zone classification;
(b) That the granting of the variance will not be
materially detrimental to the public welfare or
injurious to the property or improvements in the
vicinity and zone in which the subject property is
situated; and
(c) The special circumstances applicable to the
subject property were not created through the action(s)
of the applicant or any predecessor in interest.
(2) Review - Administrative Action. Appeals may
be heard by the examiner, where it is alleged by the
applicant that there is error in any order, requirement,
permit, decision or determination made by an
administrative official in the administration or
enforcement of this Title.
Where the street or lot lay out actually on the
ground, or as recorded, are different from the street
and lot lines as shown on the zoning map, the examiner,
after notice to the owners of the property, and after
public hearings, shall interpret the map in such a way
as to carry out the intent and purposes of this Title.
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In case of any questions as to the location of any
boundary line between zoning districts, a request for
interpretation of the zoning map may be made to the
examiner and a determination shall be made by the
examiner.
(3) Waiver of Violations. Recognizing the fact
that a building may be erected in good faith with every
intent to comply with the provisions of this Title in
respect to the location of the building upon the lot and
the size and location of required yards, and that it may
later be determined that such building does not comply
in every detail with such requirements, although not
violating the spirit or intent of the zoning ordinance,
the examiner may issue a waiver of violation subject to
such conditions as will safeguard the public health,
safety, convenience and general welfare.
(4) Extension of Use on Boarder of District. The
examiner may hear and approve the extension of a use or
building into a more restricted zone classification
immediately adjacent thereto, but not more than thirty
(30) feet beyond the dividing line of the two (2) zone
classifications, and under such conditions as will
safeguard development in the more restricted district.
(5) Administrative Exceptions. An administrative
exception not to exceed one (1) foot of any dimensional
standard pertinent to front yard, side yard, rear yard,
flanking street, and building line may be granted by
administrative action of the examiner without public
hearing and without posting or public notices.
(6) Other Powers. In the performance of duties
prescribed by this Chapter or other ordinances,
examiners may:
(a) Administer oaths and affirmations, examine
witnesses, rule upon offers of proof, receive relevant
evidence, and conduct discovery procedures which may
include propounding interrogatories and taking oral
depositions pursuant to Washington State Court Rules;
PROVIDED, that no person shall be compelled to divulge
information which he could not be compelled to divulge
in a court of law;
(b) Upon the request of the planning department or
any other party, or upon his own volition, issue, and
cause to be served subpoenas to the attendance of
witnesses and for production of examination of any
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books, records, or other information in the possession
or under the control of any witness, PROVIDED that such
subpoenas shall state the name and address of the
witness sought, and if for production of books,
documents or things, shall specifically identify the
same and the relevance thereof to the issues involved;
(c) Regulate the course of the hearing in accordance
with this and other applicable ordinances;
(d) Hold conferences for the settlement or
simplification of the issues by consent of the parties;
(e) Dispose of procedural requests or similar
matters;
(f) Take any other action authorized by ordinance.
In case of failure or refusal without lawful excuse
of any person duly subpoenaed to attend pursuant to said
subpoena, or to be sworn, or to answer any material and
proper question, or to produce upon reasonable notice
any material of proper books or records or other
information in his possession and under his control, the
hearing examiner may invoke the aid of the City Attorney
who shall apply to the appropriate court for an order or
other court action necessary to secure enforcement of
the subpoena.
(g) The examiner is hereby empowered to act in lieu
of the Board of Adjustment, and such officials, boards
or commissions as may be assigned. Wherever existing
ordinances, codes or policies authorize or direct the
Board of Adjustment, or other officials, boards or
commissions to undertake certain activities which the
examiner has been assigned, such ordinances, codes or
policies shall be construed to refer to the examiner.
22.16.100 APPLICATIONS. Applications for permits
or approvals within the jurisdiction of the hearing
examiner shall be presented to the Director of Community
Development. The Director shall accept such
applications only if applicable filing requirements are
met. The Director shall be responsible for assigning a
date for and assuring due notice of public hearing for
each application, which date and notice shall be in
accordance with the statute or ordinance governing the
application.
22.16.110 REPORT OF COMMUNITY DEVELOPMENT
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DEPARTMENT. On any land use issue coming before the
examiner, the Department of Community Development shall
coordinate and assemble the reviews of other city
departments, governmental agencies, and other interested
parties and shall prepare a report summarizing the
factors involved and the department's finding and
recommendations. At least seven (7) calendar days prior
to the scheduled hearing the report shall be filed with
the examiner and copies thereof shall be mailed to the
applicant and made available for public inspection.
Copies thereof shall be provided to interested parties
upon payment of reproduction costs. In the event that
information to be provided by the applicant or other
parties outside of City control has not been provided in
sufficient time for filing seven (7) days in advance of
the hearing, the Community Development Department may
reschedule the hearing and notify interested parties.
22.16.120 PUBLIC HEARING. Prior to rendering a
decision on any land use matter listed in Section .090,
the examiner shall hold at least one (1) public hearing
thereon with proper notice according to the procedures
for hearing notification as prescribed by Chapter 35.63
RCW.
Such notice shall include an invitation to any
interested parties to submit information in writing in
advance of the hearing if unable to be present at the
hearing, and an invitation to review any information
submitted during the seven (7) days preceding the
hearing. The examiner presiding at the hearing shall
admit and give probative affect to evidence which
possesses probative value commonly accepted by
resonably prudent men in the conduct of their affairs
and shall give affect to the rules of privilege
recognized by law. All evidence including records and
documents in the possession of the Department of
Community Development which the examiner desires to
consider shall be offered and made a part of the record.
After all interested parties have had an opportunity to
speak, in accordance with the hearing examiner's rules
for conducting a hearing, the examiner shall either
close the hearing, continue the hearing to a specified
date, or invite additional testimony restricted only to
issues which, in the opinion of the examiner, there is
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need for additional testimony, and thereafter the
hearing shall be closed or continued to a specified
date. A continuing hearing to a specified date may be
restricted to testimony or evidence on specific aspects
of the case. No additional information may be submitted
after the close of the hearing, unless, in the opinion
of the examiner, additional opportunity for testimony is
warranted. In such case, the hearing may be re-opened
upon seven (7) days written notice to all parties who
participated at the first hearing.
Once legal notice has been given, no matter shall be
postponed over the objection of any interested party,
except for good cause shown. Continuances may be
granted at the discretion of the examiner: PROVIDED,
interested parties in attendance shall be given an
opportunity to testify prior to the continuance. The
applicant shall pay an amount equal to one-half (1/2)
the original application fee for any hearing postponed
or continued by request of the applicants after legal
notice has been given: PROVIDED, that this requirement
shall" not apply where the request is based upon
new information presented at the hearing.
22.16.130 EXAMINER'S DECISION. The examiner shall
render a written decision within ten (10) working days
of the conclusion of a hearing, unless a longer period
is agreed to in writing by the applicant. The decision
shall include at least the following:
(1) Findings of Fact and Conclusions of Law based
upon and supported by the record. Such Findings and
Conclusions shall also set forth the manner by which the
decision would carry out and conform to the City's
comprehensive plan, and other official policies,
objectives and land use regulatory enactments.
(2) A decision on the application to grant, deny or
grant with such conditions, modification and
restrictions as the examiner finds reasonable to make
the application compatible with its environment, the
comprehensive plan, or other official policies and
objectives, and land use regulatory enactments.
Examples of the kinds of conditions, modifications and
restrictions which may be imposed include, but are not
limited to, additional set backs, screenings in the form
of fencing or landscaping, easements, dedications or
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additional right-of-way and performance bonds.
(3 ) A statement that the decision will become final
in ten (10) calendar days unless appealed to the City
Council, together with a description of the appeal
procedure.
22.16.140 NOTICE OF EXAMINER'S DECISION. Not later
than three (3) working days following the rendering of a
written decision, copies thereof shall be mailed to the
applicant and to the other parties of record in the
case. "Parties of record" shall include the applicant
and all other persons who specifically request notice of
decision by signing a register provided for such purpose
at the public hearing, or otherwise provide written
request for such notice.
22.16.150 APPEAL FROM EXAMINER'S DECISION. The
decision of the examiner as to those applications listed
in Section .090 shall be final and conclusive unless a
timely appeal therefrom is filed with the examiner by an
agrieved party within ten (10) days. Such appeal shall
contain a brief statement of the reason why error is
assigned to the examiner's decision, and shall be
accompanied by a fee of Thirty-Five Dollars ($35.00).
The timely filing of an appeal shall stay the
effective date of the examiner's decision until such
time as the appeal is adjudicated by the City Council or
is withdrawn. Within five (5) working days following
the timely filing of an appeal, notice thereof and of
the date, time and place for City Council consideration
shall be mailed to the proponent and to all other
parties of record. Such notice shall additionally
indicate the deadline for submittal of written comments
as prescribed in Section .110.
22.16.160 CITY COUNCIL CONSIDERATION. The City
Council may accept, modify or reject the examiner's
decision, or any Findings or Conclusions therein, or may
remand the decision to the examiner for further hearing.
A decision by the City Council which modifies or rejects
shall not be made until the City Council has held a
properly advertised public hearing, and shall be
supported by Findings and Conclusions showing that the
examiner's decision was inconsistent with the facts
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41, /
Aar- 4&A..., A - f - - a n
By
City Clerk Ev
available to the examiner. If it appears to the City
Council that there is additional information which
should have been supplied to examiner, or otherwise
feels that the examiner should reconsider his decision,
the City Council shall remand the decision to the
examiner for further consideration and may specify
information to be considered or to be provided by city
departments, or others.
22.16.170 APPEAL TO SUPERIOR COURT. The action of
the City Council in approving, modifying or rejecting a
decision of the examiner shall be final and conclusive
unless within thirty (30) days from the date of such
action an aggrieved party files his appeal or petition
for extraordinary writ with the Superior Court for
Franklin County.
Section 2: This ordinance shall take effect five (5)
days after passage and publicaton.
PASSED By the City Council and approved by the Mayor this
20 day of October„ 1986.
ATTEST:
APP OVED AS TO FORM:
nIv Or, Lt I la
Greg Aeubstello, City At orney
By
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DATED This 22nd day of October, 198
LLS, City Clerk
SUMMARY OF CITY OF PASCO ORDINANCE 2626
AN ORDINANCE creating the position of hearing examiner,
establishing procedures for appointment and removal, establishing
general qualifications and duties, and procedures to be followed
by the hearing examiner and parties appealing such decisions; and
repealing and re-enacting Chapter 22.16 of the Pasco Municipal
Code.
Section 1 of the ordinance repeals existing Ch. 22.16 PMC
in its entirety so as to abolish the Board of Adjustment and its
jurisdiction, and re-enacts the chapter to provide for a hearing
examiner system under Chapter 22.16 of the Pasco Municipal Code
titled HEARING EXAMINER SYSTEM and containing the following
sections.
22.16.010 Purpose.
22.16.020 Creation of Land Use Hearing Examiner.
22.16.030 Appointment and Terms.
22.16.040 Qualifications.
22.16.050 Removal.
22.16.060 Freedom from Improper Influence.
22.16.070 Conflict of Interest.
22.16.080 Rules.
22.16.090 Powers.
22.16.100 Applications.
22.16.110 Report of Community Development Department.
22.16.120 Public Hearing.
22.16.130 Examiner's Decision.
22.16.140 Notice of Examiner's Decision.
22.16.150 Appeal from Examiner's Decision.
22.16.160 City Council Consideration.
22.16.170 Appeal to Superior Court.
Section 2 states that the ordinance shall take effect five
(5) days after its passage and publication. The ordinance was
passed on the 20th day of October, 1986.
The full text of the ordinance will be mailed upon request
made to the Pasco City Clerk.
Ctri-(!itg
P0 BOX 2608
PASCO, WASHINGTON
(509) 582-1500
DATE 120586 LEGAL NO 001938
ACCOUNT NO 50550
DESCRIPTION ORDINANCE 2626
99302-2608
LEGAL ADVERTISING
INVOICE TIMES 001 LINES 76
SOLD TO
CitN of Pasco
PO Bo x: 293
Pasco
wa 99301
TOTAL $ 53.20
NOTICE- This is an invoice for legal advertising space Please pay from this Invoice as no statement will be rendered
Please detach at perforation and return with payment
AFFIDAVIT OF PUBLICATION
COUNTY OF BENTON
SS
STATE OF WASHINGTON
MARY JO HENRY , being duly sworn,
deposes and says, I am the Legal Clerk of the Tr-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a ORDINANCE 2626 as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 001 time(s),
commencing on 120586 , and ending on
120586 , and that said newspaper was regulary
distributed to its subscribers during all of this period
SUBSCRIBED AND SWORN BEFORE ME THIS / 0-64
DAY OF ka OUILIA-C61) , Ne6
SUPAMARY OF
CITY OF PASCO
ORDINANCE 2828
AN ORDINANCE cre-
ating the position of hearing
examine'', establishing pro-
cedures for appointment
and removal, establishing
general qualifications and
duties arid procedures to
be follov v)cl by the hearing
examiner and parties ap-
pealing such decisions,
and repealing and re-enact-
ing Chapter 22 16 of the
Pasco Municipal Code
Section 1 of the ordi-
nance repeals existing Ch
22 16 PMC in its entirety so
as to abolish the Board of
Adjustment and its jurisdic-
tion, and re-enacts the
chapter to provide for a
hearing examiner system
under Chapter 22 16 of the
Pasco Municipal Code ti-
tied HEARING EXAMINER
SYSTEM and containing
the following sections
' 22 16 010 Purpose
22 16 020 Creation of
Land Use Hearing Exam-
iner
22 16 030 Appointment
and Terms
22 16 040 Qualifications
22 16 050 Removal
22 16 060 Freedom from
Improper Influence
22 16 070 Conflict of In-
terest
22 16 080 Rules
22 16 090 Powers
22 16 100 Applications
22 16 110 Report of
Community Development
Department
22 18 120 Public Hear-
ing
22 16 130 Examiner's
Decision
22 16 140 Notice of Ex-
aminer a Decision
22 16 160 Appeal from
Examiner's Decision
22 16 160 City Council
Consideration
22 16 170 Appeal to Su-
perior Court
Section 2 states that the
ordinance shall take effect
five (5) days after its pas-
sage and publication The
ordinance was passed on
the 20th day of October,
1986
The full text of the ordi-
nance will be mailed upon
request made to the Pasco
City Clerk
DATED This 22nd day of
October 1986
-8-Evelyn Wells
City Clerk
LEGAL NO 001938 -
December 5, 1986
1
Notary public/in and for the State of Wash-
ington, residing at Kennewick 0
COMMISSION EXPIRES
CITY
of
CITY ATTORNEY
1509) 545-3406
Sean 726-3406
P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
November 4, 1986
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Attn: Rochelle
Dear Rochelle:
Please publish Ordinance Nos. 2626 and 2627 on the following
date:
November 7, 1986
Please send two (2) Affidavits of Publication for each.
Sincerely yours,
Evelyn Wells
City Clerk
ew