HomeMy WebLinkAbout4431 Ordinance - Amending PMC Seciton 2.50.080 Powers Relating to Hearing ExaminerORDINANCE NO. Lil-42Z 1
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC 2.50.080 "Powers" Relating to the Hearing Examiner
WHEREAS, cities have the responsibility to regulate and control the physical development
within their borders and to ensure public health, safety and welfare are maintained; and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to land use; and
WHEREAS, use of politically appointed or elected officials administering land use law has
become prone to liability and complicated land use and project approval decisions; and
WHEREAS, use of a hearing examiner system has proven to be an advantageous revision to
municipalities in the area of land use regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in the
knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the City
and increase the resources that the City Council and Planning Commission can concentrate on policy
decisions; and
WHEREAS, the City Council has determined that to further the purposes of comprehensive
planning and to maintain and protect the welfare of the community, it is necessary to amend Chapter
2.50 PMC to establish increase decision authority for the hearing examiner, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Section 2.50.080 entitled "Powers" of the Pasco Municipal Code shall be
and hereby is amended and shall read as follows:
2.50.080 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 the Pasco Municipal
Code, shall hear and decide:
(1) Land use decisions including prelimipAU plats,s ecial and conditional use permits,
planned density develo ments recreational vehicle ar wineries variances, review of administrative
actions, waiver of violations, extension of use on border of district, and administrative exceptions as
provided in PMC 25.84.020. The examiner may also conduct headUs and prepare recommendations
for City Council consideration of rezone and planned unit development lications.
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(2) Administrative Decisions. Appeals of administrative decisions or determinations may
be heard by the examiner as directed by the City Manager, City Council or by ordinance.
(3) SEPA Appeals. Appeals of administrative decisions and determinations made pursuant
to Chapter 43.21 C RCW may be heard by the examiner.
(4) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as provided
in Chapter 10.25 PMC.
(5) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the Chief
Law Enforcement Officer of the City of Pasco, conduct seizure and forfeiture hearings as provided in
RCW 10.105.010.
(6) Animal Code - Wild, Potentially Dangerous or Dangerous Animals. The examiner
shall hear the appeal of any owner of an animal determined by the Poundmaster to be a dangerous or
potentially dangerous animal as provided in Chapter 6.05 PMC.
(7) Hear revocations, appeals, and requests for reinstatement of business license under
PMC Title 5.
8 Hear appeals of a Right -of -Way Use Permit. Construction Permit. or the renewal or
conditioning thereof.
(&) 90 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 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 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
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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 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 Code Enforcement
Board, and such officials, boards or commissions as may be assigned. Wherever existing
ordinances, codes or policies authorize or direct the Code Enforcement Board, 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.
h The examiner may, as a 12art of any land use he r conduct an unescorted
view of the subject REMen and shall report on the record the date time and general location
of the view. [Ord. 4347, 2017; Code 1970 § 2.19.080.]
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this L day of _ILNPC 1 , 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Jga Pas on, Interim City Clerk Kerr Fer n w, PLLC, City Attorney
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