Ordinance 22-012 Hearing Examiner CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.22-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING CHAPTERS 17.80, 17.90, 17.105, 18.20, 24.20, AND 24.40
SPOKANE VALLEY MUNICIPAL CODE;REPEALING AND REPLACING SPOKANE
VALLEY MUNICIPAL CODE APPENDIX B; AND OTHER MATTERS RELATING
THERETO.
WHEREAS, the City of Spokane Valley (City) previously adopted regulations providing for the
issuance of land use and development approvals in chapter 17.80 SVMC; and
WHEREAS, the City previously adopted regulations providing a right to appeal relating to
decisions issued by the City pursuant to chapters 7.05 and 17.90 SVMC; and
WHEREAS, the City adopted its current Hearing Examiner system in 2003 pursuant to chapter
18.20 and Appendix B SVMC, with major amendments to the Code in 2009, and minor amendments in
2015 and 2019; and
WHEREAS, the City adopted rules of procedure for hearings before the Hearing Examiner, which
is identified as SVMC Appendix B; and
WHEREAS, SVMC Appendix B in its current form is most suitable for hearings relating to
applications for development and approvals associated with such activity. However,the Hearing Examiner
has jurisdiction to hear appeals relating to code enforcement cases pursuant to chapter 17.80 SVMC,which
occurs with some frequency. SVMC Appendix B should be drafted in a way that clearly identifies how a
party should prepare materials for submission to the Hearing Examiner, as well as how the hearing will be
conducted; and
WHEREAS, in addition to a new SVMC Appendix B, which will provide greater clarity for those
participating in the City's Hearing Examiner process, there are numerous changes necessary within the
SVMC Titles 17, 18,and 24 for the sake of consistency or clarity.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend chapter 17.80, 17.90, 17.105,
18.20, 24.20, and 24.40 SVMC, and to repeal and replace SVMC Appendix B in order to provide for more
clarity in the City's.Hearing Examiner process.
Section 2. Amendment. Chapter 17.80 SVMC is hereby amended as follows:
17.80.010 Purpose and applicability.
A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision-making
procedures for reviewing development and land use applications within the City. Chapter 17.80 SVMC is
intended to:
1. Ensure prompt review of development applications;
2. Provide for necessary public review and comment on development applications;
3. Minimize adverse impacts on surrounding land uses;
4. Encourage flexibility and innovation in the design and layout of development proposals; and
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5. Ensure consistency with the Comprehensive Plan and development regulations.
B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC.
17.80.020 Types of development applications.
Land use and development applications are classified as follows:
A. Type I procedures apply to permits and decisions issued administratively;
B. Type II procedures apply to administrative actions that contain some discretionary criteria;
C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval
criteria;
D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or
large-scale implementation of public policy;
E. Exempt applications defined in SVMC 17.80.040.
17.80.030 Assignment of development application classification.
A.Assignment by Table. Land use and development applications shall be classified pursuant to Table
17.80-1 below:
Table 17.80-1—Permit Type and Land Use Application
Type Land Use and Development Application SVMC Cross-Reference
Accessory dwelling units 19.40
Administrative determinations by city manager or Multiple
designee or building official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Building permits not subject to SEPA 21.20.040
Floodplain development 21.30
Grading permits 24.50
1 Y13° 1 Home business permit 19.65.180
Shoreline letter of exemption 21.50
Record of survey to establish lots within a binding site 20.60.030
plan
Right-of-way permits 22.130.100
Site plan review 19.130
Small cell permit 22.121; 22.122
Temporary use permit 19.160
Time extensions for preliminary subdivision, short 20.30.060
subdivision, or binding site plan
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Type Land Use and Development Application SVMC Cross-Reference
Alterations—preliminary and final short subdivisions 20.60
and preliminary and final binding site plans(where
there is no alteration of a public dedication)
Binding site plan—preliminary and final 20.50
Minor alterations—preliminary subdivisions 20.50
SEPA threshold determination 21.20,060
Shoreline conditional use permit 21.50
Type II
Shoreline nonconforming use or structure review 21.50
Shoreline substantial development permit 21.50
Shoreline variance 21.50
Short subdivision—preliminary and final 20.30,20.40
Vacation—short subdivisions and binding site plans 20.70
where there is no vacation of an area designated or
dedicated for public use
Wireless communication facilities 22.120
Alterations—final subdivisions (where a public hearing 20.50
is requested)
Alterations—preliminary and final short subdivisions 20.60
and preliminary and final binding site plans(where
there is alteration of a public dedication)
Conditional use permits 19.150
Planned residential developments 19.50
Type Ill Subdivisions—preliminary 20.30
Substantial alterations—preliminary subdivisions 20.50
Vacation—subdivision; short subdivisions and binding 20.70
site plans where there is vacation of an area designated
or dedicated for public use
Variance 19.170
Zoning map amendments (site-specific rezones) 19.30.030
Annual Comprehensive Plan amendments (text and/or 17.80.140
map)
Type IV Area-wide zoning map amendments 17.80.140
Development Code text amendments 17.80.150
B. Assignment by City Manager or Designee. Land use and development applications not defined in
Table 17.80-1 shall be assigned a type based on the most closely related application type by the city
manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be
appropriate,the process providing the greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use
permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed
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pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified
procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness
review, notices, hearings, and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures
set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law,
including but not limited to 47 USC 1455(a) (Section 6409(a)of the Middle CIass Tax Relief and Job
Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods
for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless
communication facilities.
E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as
the original permit type.
17.80.040 Exempt activities.
A. Exemptions. Unless specified elsewhere in SVMC Title 17,the following development activities are
exempt from the procedural requirements of Chapter 17.80 SVMC:
1.Normal or emergency repair or maintenance of public or private buildings, structures, landscaping,
or utilities.
2.A change of any legally established use is exempt; unless the change of use requires:
a. An increase in the number of parking spaces provided;
b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits;
c.A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or
d. Review by SEPA.
3.Final subdivisions, short subdivisions, and binding site plans.
4.Building permits that are not subject to SEPA.
5. On-site utility permits not obtained in conjunction with a specific development application
including,but not limited to, sewer hook-ups,water hook-ups, right-of-way permits, and fire
department permits.
6. Sign permits.
7. Interior remodeling and tenant improvements unless site plan review is required under Chapter
19.130 SVMC, Site Plan Review.
B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other
applicable standards and requirements of the SVMC.
17.80.050 Development application requirements.
A.Application Forms. All applications shall be made on forms provided by the department. The city
manager or designee shall have authority to modify application forms.
B. Submittal Information. All applications shall include the information required in applicable provisions
of the SVMC as identified in Table 17.80-2 and other additional information required by the department.
C. Land use and development applications shall be signed by the owner(s) of the property.
D.Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties.
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17.80.060 Final decision authority.
The final decision for application type shall be made by:
A. Type I—the department.
B. Type II—the department.
C. Type III—the hearing examiner.
D. Type IV—the city council preceded by a recommendation by the planning commission.
17.80.070 Required application procedures.
The required procedures for Type I,II,and III applications are set forth in Table 17.80-2 below. The
specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150.
Table 17.80-2 Permit Type and Land Use Application
Pre- Counter- Fully Notice of Final
application complete complete Notice of public decision and
Application conference determination determination application hearing notice
Type 17.80.080 17.80.090 17.80.100 17.80.110 17.80.120 17.80.130
I 0 X X N/A N/A X
*II **O X X X N/A X
III X X X X X X
X Required 0 Optional N/A Not Applicable
*Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2)for noticing
requirements.
**Except for short subdivisions and binding site plans which require a pre-application meeting.
17.80.080 Pre-application conference.
A.Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed
development,to enable staff to advise the applicant of applicable approvals and requirements,to acquaint
the applicant with the applicable requirements of the SVMC and other laws, and to identify issues and
concerns in advance of a formal application.
B. Pre-Application. Type II and III applicants shall schedule a pre-application conference and provide
information requested in advance of the meeting.
C. Pre-Application Waivers. The city manager or designee may waive the pre-application conference if
determined that the proposal has few development-related issues, involves subsequent phases of an
approved development, or is substantially similar to a prior proposal affecting substantially the same
property,
17.80.090 Counter-complete determination.
A. Determination and Application Content. Prior to accepting an application,the department shall
determine whether the application is counter-complete. A counter-complete application shall contain all
information requested in the applicable form. Review for counter-complete status does not include an
evaluation of the substantive adequacy of the information in the application.
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B. Incomplete Application.If the department determines that the application is not counter-complete,the
application shall be rejected and the applicant advised of the information needed to complete the
application.
C. Counter-Complete Application. Counter-complete applications shall be accepted for review for fully
complete determination.
17.80.100 Fully complete determination.
A. Determination. Once a counter-complete application has been accepted,the department shall, within
28 calendar days,provide a written determination delivered by mail or in person to the applicant that the
application is fully complete, or if incomplete, a list of what is required to make the application complete.
Upon receipt of the requested material,the department shall conduct another review and respond as set
forth above. The names of agencies of local, state, or federal governments that may have jurisdiction over
some aspect of the application to the extent known by the City shall be provided to the applicant.
B. The City shall notify the applicant whether an application is fully complete or what additional
information is necessary within 14 calendar days after the applicant has submitted any additional
information identified by the City as necessary for a complete application.
C. Incomplete Application. If the necessary information is not provided by the applicant within 60
calendar days,the department shall:
1. Reject and return the application;
2. Issue a decision denying the application, based on a lack of information. The applicant may
reinitiate the fully complete review process without additional fees; provided, that the required
information is provided by a date specified by the department; or
3. The applicant may withdraw the application by submitting a request in writing and may be entitled
to the return of up to 80 percent of the fees submitted.
D. Fully Complete Application. Once the department determines that an application is fully complete,the
department shall,within 14 calendar days, issue a notice of application pursuant to SVMC 17.80.110.
E. Request for Additional Information. A fully complete determination shall not preclude the City from
requesting additional information, studies, or changes to submitted information or plans if new
information is required, or substantial changes to the proposal occur.
F. Revocation. An application's fully complete status may be revoked if the department determines that
the applicant intentionally submitted false information. In the event an applicant's fully complete status is
revoked, the applicant shall lose any rights granted pursuant to SVMC 17.80.170.
17.80.110 Notice of application.
A. Contents. The department shall issue a notice of application within 14 calendar days after an
application is determined fully complete.
1. All notices of applications shall include the following:
a. The case file number(s),the date of application, and the date a fully complete application was
filed;
b. A description of the proposed project and a list of project permits included with the
application, as well as the identification of other permits not included in the application,to the
extent known to the City;
c.The proposed SEPA threshold determination, if applicable;
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d. The identification of any existing environmental documents that may be used to evaluate the
proposed project;
e. Statement of the public comment period. A statement that the public has the right to comment
on the application, receive notice of the decision, and request a copy of the decision once made,
and a statement of any appeal rights;
f. The name of the applicant or applicant's authorized representative and the name,address, and
telephone number of a contact person for the applicant, if any;
g. A description of the site, including current zoning and nearest road intersections, sufficient to
inform the reader of its location and zoning;
h.A map showing the subject property in relation to other properties or a reduced copy of the
site plan;
i. The date,place, and times where information about the application may be examined and the
name and telephone number of the City representative to contact about the application; and
j. Any additional information determined appropriate by the department.
2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type II notice of application
shall state:
a. That failure of any party to address the relevant approval criteria with sufficient specificity
may result in the denial of the application;
b. That all evidence relied upon by the department to make the decision shall be contained within
the record and is available for public review, and that copies can be obtained at a reasonable cost
from the department;
c. That, after the comment period closes,the department shall issue a Type II notice of decision.
3. In addition to the requirements listed in SVMC 17.80.110(A)(1.), a Type III application shall state:
a.That a staff report shall be available for inspection at least seven calendar days before the
public hearing, and written comments may be submitted at any time prior to the closing of the
record for the public hearing.
B. Distribution of Notice of Application. The notice of application shall be published in an appropriate
regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail:
1. The applicant;
2. All adjacent property owners of record as shown on the most recent property tax assessment roll;
3. Any governmental agency entitled to notice; and
4. Any person filing a written request for a copy of the notice of application.
C.Type I Exception.A notice of application is not required for Type I applications.
D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30
calendar days for Type III applications after the date the notice of application is mailed and posted on the
subject property,for individuals to submit comments. Within seven calendar days after the close of the
public comment period, the department shall mail to the applicant a copy of written public comments,
including email communications timely received in response to the notice of application,together with a
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statement that the applicant may either submit a written response to these comments within 14 calendar
days from the date the comments are mailed or waive the response period. If the applicant desires to
waive his right to respond to the comments, such waiver shall be provided to the department in writing.
The department, in making its decision on the application, shall consider written comments timely
received in response to the notice of application and timely written responses to those comments,
including email communications, submitted by the applicant.
17.80.120 Notice of public hearing.;
A public hearing is required for Type III applications. Unless otherwise indicated, public hearings under
Title 17 SVMC shall be conducted by the hearing examiner pursuant to Appendix B.
A. Content of Notice of Public Hearing.Notices of public hearing shall contain the following
information:
1. The application and/or project number;
2. Project summary/description of each project permit application;
3. The designation of the hearing body;
4. The date,time, and place of the hearing and a statement that the hearing will be conducted in
accordance with the rules of procedure adopted by the hearing body;
5. General project location,vicinity, address,and parcel number(s), if applicable;
6. The name of the applicant or applicant's authorized representative and the name, address, and
telephone number of a contact person for the applicant, if any;
7. The SEPA threshold determination, or description thereof, shall be contained in the notice,along
with any appropriate statement regarding any shared or divided lead agency status and phased review
and stating the end of any final comment period;
8. A statement regarding the appeal process; and
9. The date when the staff report will be available and the place and times where it can be reviewed.
B. Distribution of Notices of Public Hearing.Notices of public hearing shall be mailed,posted,and
published at least 15 calendar days prior to the hearing date and shall be distributed as follows:
1.Notice by Mail. All property owners within 400 feet of the subject property by first class mail.
Where any portion of the property abutting the subject property is owned, controlled, or under the
option of the project property owner,then all property owners within a 400-foot radius of the total
ownership interest shall be notified by first class mail. Property owners are those shown on the most
recent Spokane County assessor's/treasurer's database as obtained by the title company no more than
30 calendar days prior to the scheduled public hearing. In addition,notice shall be sent to the
following:
a. Agencies with jurisdiction(SEPA);
b. Municipal corporations or organizations with which the City has executed an interlocal
agreement; and
c. Other persons outside of the 400-foot radius who the City determines may be affected by the
proposed action or who requested such notice in writing. Examples of considerations for
determining when to provide notice to other persons who may be affected include, but are not
limited to, circumstances such as large neighboring properties which limit the number of
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properties receiving notice within the 400-foot radius,known or likely public interest in the
project due to the size of the project or likely substantial adverse impacts of the project on the
neighboring properties, and other similar considerations. Failure to send public notice to other
persons beyond the 400-foot radius shall not be considered inadequate public notice.
2.Notice by Sign.A sign a minimum of 16 square feet(four feet in width by four feet in height) in
area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the
subject property. The sign shall be provided by the applicant. The sign shall be constructed of
material of sufficient weight and reasonable strength to withstand normal weather conditions. The
sign shall be lettered and spaced as follows:
a. A minimum of two-inch border on the top,sides, and bottom of the sign;
b. The first line in four-inch letters shall read"Notice of Public Hearing";
c. Spacing between all lines shall be a minimum of one inch; and
d. The text of the sign shall include the following information in a minimum of one-inch letters:
i. Proposal;
ii. Applicant;
iii. File number;
iv. Hearing(date and time);
v. Location; and
vi. Review authority.
3.Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or
trade journal.
C. Hearing Procedures.All required hearings shall be conducted by the hearing examiner pursuant to
Appendix B.
D. Scheduling of Hearings.
1. The depa'turent, in coordination with the hearing examiner, shall prepare an official agenda
indicating the dates and times that matters will be heard. The official agenda shall comply with all
time limits pursuant to RCW 36.70B,110.
2. When practical,minor applications, such as a variance or matters that take less time, shall be heard
at the beginning of the day's agenda.
3. The hearing examiner may consolidate applications involving the same or related properties for
hearing.
E. Staff Reports.
1. The department shall coordinate and assemble the comments and recommendations of other City
departments and commenting agencies, and shall make a written staff report to the hearing examiner
on all applications subject to a public hearing.
2. At least seven calendar days prior to the date of the scheduled public hearing,the staff report shall
be filed with the office of the hearing examiner and mailed by first class mail or provided to the
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applicant. At such time,the department shall also make the report available for public inspection.
Upon request, the department shall provide or mail a copy of the report to any requesting person for
the cost of reproduction and mailing.
3. If the staff report is not timely fled or furnished,the hearing examiner may at his/her discretion
continue the hearing, considering the prejudice to any party and the circumstances of the case.
4. The hearing examiner may make recommendations to the department on the format and content of
staff reports submitted to the hearing examiner.
F. Site Inspections.
1. The Hearing Examiner may make site inspections,which may occur at any time before the Hearing
Examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make
an inspection, unless the site inspection will require the Hearing Examiner to enter the property, in
which case the Hearing Examiner shall notify all parties that a site inspection will occur on the premises
as part of the decision process and the Hearing Examiner will not engage in substantive discussions
with the owner/applicant.
2. The inspection and the information obtained from it shall not be construed as new evidence or
evidence outside the record. If an inspection reveals new and unanticipated information,the Hearing
Examiner may, upon notice to all parties of record, request a written response to such information or
reopen the hearing and/or record to consider the information.
17.80.130 Final decision.
A. Timeline to Make Final Decision—Type I. The department shall approve, approve with conditions, or
deny a Type I application within 60 calendar days after the date the application was accepted as fully
complete,unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or
provide additional studies or materials requested by the City shall not be included in the 60-day period.
An applicant may agree in writing to extend the time in which the department shall issue a decision. The
department's decision shall address all of the relevant approval criteria applicable to the development
application.
B. Timeline to Make Final Decision—Type II and III. The final decision on a Type II and III application
shall be made not more than 120 calendar days (90 calendar days for subdivisions) after the date a fully
complete determination is made. This period shall not include:
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by
the City;
2.Time spent preparing an environmental impact statement;
3. Time between submittal and resolution of an appeal; or
4. Any extension of time mutually agreed upon by the applicant and the City in writing.
C. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G).
D. Contents of Final Decision. The final decision on Type II and III applications shall contain the
following information:
1. The nature of the application in sufficient detail to apprise persons entitled to notice of the
applicant's proposal and of the decision;
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2. The address or other geographic description of the subject property, including a map of the site in
relation to the surrounding area, where applicable;
3. The date the decision shall become final,unless appealed;
4. A statement that all persons who have standing under Chapter 17.90 SVMC,Appeals,may appeal
the decision;
5, A statement in boldface type briefly explaining how an appeal can be filed,the deadline for filing
such an appeal, and where further information can be obtained concerning the appeal;
6. A statement that the complete case file, including findings, conclusions, decisions, and conditions
of approval, if any, is available for review. The notice of final decision shall list the place, days, and
times where the case file is available and the name and telephone number of the City representative
to contact about reviewing the case file;
7. A statement of the facts demonstrating how the application does or does not comply with
applicable approval criteria;
8. A statement of the basis of decision pursuant to the SVMC and other applicable law;
9. The reasons for a conclusion to approve,approve with conditions, or deny the application;
10. The decision to approve or deny the application and, if approved,conditions of approval
necessary to ensure the proposed development will comply with applicable law; and
11. The date the final decision is mailed.
E.Notice of the Final Decision.All final decisions shall be sent by regular mail to the following:
1. The applicant;
2.Any governmental agency entitled to notice;
3.Any person filing a written request for a copy of the notice of application or the final decision; and
4.Any person who testified at the hearing or who provided substantive written comments on the
application during the public comment period and provided a mailing address.
17.80.140 Type IV applications—Comprehensive Plan amendments, development agreements
associated with a Comprehensive Plan amendment,and area-wide rezones.
A. Initiation. Comprehensive Plan amendments and area-wide rezones may be initiated by any of the
following:
1. Property owner(s) or their representatives;
2.Any citizen, agency,neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. Applicant Initiated. Comprehensive Plan amendments and area-wide rezones shall be subject to a
pre-application conference, counter-complete, and fully complete determinations pursuant to SVMC
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17.80.080, 17.80.090, and 17.80.100.The date upon fully complete determination shall be the date of
registration with the department.
2.Nonapplicant Initiated. After submittal of a nonapplicant-initiated application,the application shall
be placed on the register.
D. Register of Comprehensive Plan Amendments and Area-Wide Rezones. The department shall establish
and maintain a register of all applications.
E. Concurrent and Annual Review of Register.
1. Sixty calendar days prior to November 1 st in each calendar year, the City shall notify the public
that the amendment process has begun.Notice shall be distributed as follows:
a.Notice published in an appropriate regional or neighborhood newspaper or trade journal;
b. Notice posted on all of the City's official public notice boards; and
c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an
interest.
2.All registered applications shall be reviewed concurrently, on an annual basis and in a manner
consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous
calendar year and before November 1st of the current calendar year shall be included in the annual
review. Those registered after November 1st of the calendar year shall be placed on the register for
review at the following annual review.
3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city
council determines that an emergency exists or in other circumstances as provided for by RCW
36.70A.130(2)(a).
F.Notice of Public Hearing. Comprehensive Plan amendments and area-wide rezones require a public
hearing before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. A statement of what areas, Comprehensive Plan designations,zones, or locations will be
directly affected or changed by the proposal;
d. The date,time, and place of the public hearing;
e. A statement of the availability of the official file; and
f. A statement of the right of any person to submit written comments to the planning commission
and to appear at the public hearing of the planning commission to give oral comments on the
proposal.
2.Distributions of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B).
G.Planning Commission Recommendation—Procedure. Following the public hearing,the planning
commission shall consider the applications concurrently, and shall prepare and forward a
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recommendation of proposed action for all applications to the city council. The planning commission
shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority
vote,recommend that the city council adopt the proposal. The planning commission may make
modifications to any proposal prior to recommending the proposal to city council for adoption. If the
modification is substantial,the planning commission must conduct a public hearing on the modified
proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a
majority vote, recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC
17.80,140(G)(1)or(2),the proposal will be sent to city council with the notation that the planning
commission makes no recommendation.
H.Approval Criteria.
1. The City may only approve Comprehensive Plan amendments and area-wide zoning map
amendments if it finds that:
a. The proposed amendment bears a substantial relationship to the public health, safety, welfare,
and protection of the environment;
b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and
with the portion of the City's adopted plan not affected by the amendment;
c. The proposed amendment responds to a substantial change in conditions beyond the property
owner's control applicable to the area within which the subject property lies;
d. The proposed amendment corrects an obvious mapping error; or
e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan.
2. The City shall also consider the following factors prior to approving Comprehensive Plan
amendments:
a. The effect upon the physical environment;
b. The effect on open space, streams, rivers, and lakes;
c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
d. The adequacy of and impact on community facilities including utilities,roads, public
transportation, parks, recreation, and schools;
e. The benefit to the neighborhood, City, and region;
f. The quantity and location of land planned for the proposed land use type and density and the
demand for such land;
g. The current and projected population density in the area; and
h. The effect upon other aspects of the Comprehensive Plan.
I. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and
recommendations,the city council shall consider the findings and recommendations of the planning
Ordinance 22-012—Hearing Examiner Related Regulations Page l3 of 42
commission concerning the application and may hold a public hearing pursuant to city council rules. The
department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B).
All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote
of its membership,the city council shall:
1.Approve the application;
2.Disapprove the application;
3. Modify the application. If the modification is substantial,the city council shall either conduct a
public hearing on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one
of SVMC 17.80.140(I)(I)through (4), such a vote shall be considered a vote against the motion,the
motion shall fail, and no further action shall be required by the city council, although the city council may
take such other action as it deems appropriate.
J. Transmittal to the State of Washington.At least 60 calendar days prior to final action being taken by
the city council,the Washington State Department of Commerce (Commerce) shall be provided with a
copy of the amendments in order to initiate the 60-day comment period. No later than 10 calendar days
after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce.
17.80.150 Type IV applications—Text amendments to SVMC Titles 17 through 24.
A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen,agency, neighborhood association, or other party; or
3. The department,planning commission,or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
I. After submittal of an applicant-initiated application,the application shall be subject to a pre-
application conference, counter-complete determination, and fully complete determination pursuant
to SVMC 17.80.080, 17.80.090, and 17.80.100.
2. After submittal,the application shall be placed on the next available planning commission agenda.
D.Notice of Public Hearing. Amendments require a public hearing before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. The date,time, and place of the public hearing;
d. A statement of the availability of the official file; and
Ordinance 22-012—Hearing Examiner Related Regulations Page 14 of 42
e. A statement of the right of any person to submit written comments to the planning
commission and to appear at the public hearing of the planning commission to give oral
comments on the proposal.
2, Distribution of Notice. The department shall distribute the notice to the applicant,newspaper, City
Hall,and the main branch of the library.
E. Planning Commission Recommendation—Procedure. Following the public hearing,the planning
commission shall consider the proposal and shall prepare and forward a recommendation to the city
council. The planning commission shall take one of the following actions:
1.If the planning commission determines that the proposal should be adopted, it may, by a majority
vote,recommend that the city council adopt the proposal. The planning commission may make
modifications to any proposal prior to recommending the proposal to the city council for adoption. If
the modification is substantial,the planning commission must conduct a public hearing on the
modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may,by a
majority vote, recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC
17.80.150(E)(1) or(2),the proposal shall be sent to the city council with the notation that the
planning commission makes no recommendation.
F. Approval Criteria. The City may approve amendments to the SVMC if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan;
and
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and
protection of the environment.
G. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and
recommendations,the city council shall consider the findings and recommendations of the planning
commission concerning the application and may hold a public hearing pursuant to city council rules. The
department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B).
By a majority vote,the city council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If modification is substantial,the city council must either conduct a public
hearing on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one
of SVMC 17.80.150(G)(1)through(4), such a vote shall be considered a vote against the motion, the
motion shall fail, and no further action shall be required by the city council,although the city council may
take such other action as it deems appropriate,
H. Transmittal to the State of Washington.At least 60 calendar days prior to final action being taken by
the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-
day comment period.No later than 10 calendar days after adoption of the proposal, a copy of the final
decision shall be forwarded to Commerce.
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17.80.160 Optional consolidated review process.
A. Optional Consolidated Review Process. This optional process provides for the consideration of all
discretionary land use, engineering, and environmental permits issued by the City if requested in writing
from the applicant. Permit decisions of other agencies are not included in this process, but public
meetings and hearings for other agencies may be coordinated with those of the City. Where multiple
approvals are required for a single project,the optional consolidated review process is composed of the
following:
1. Pre-Application Meeting. A single pre-application meeting will be conducted for all applications
submitted under the optional consolidated review process.
2.Determination of Completeness. When a consolidated application is deemed complete, a
consolidated determination of completeness will be made pursuant to SVMC 17.80.100.
3.Notice of Application. When a consolidated application is deemed complete, a consolidated notice
of application will be issued pursuant to the provisions of SVMC 17.80.110.
4. Comment Period. The consolidated application shall provide for one comment period for all
permits included in the consolidated application.
5. The City shall issue a decision(s)for Type I or Type II permits prior to scheduling a public hearing
for any companion Type III permit.Appeals of administrative permits that are part of a consolidated
application will be heard in a single, consolidated open record appeal hearing before the hearing
examiner on the same agenda as the companion Type III application.
6.Notice of Public Hearing. A single notice of public hearing will be provided for consolidated
permit applications. The notice shall include the Type III permit to be heard and any open record
appeals of administrative portions of the consolidated application.
7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type
I and Type 11 appeals and all Type III project permit applications subject to a public hearing.
Section 3. Amendment. Chapter 17.90 SVMC is hereby amended as follows:
17.90.010 General.
A.Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in Table 17.90-
1.Any appeals of a decision, order, or determination of the building official shall be pursuant to Table
17.90-1 and not pursuant to the model codes adopted in SVMC 24.40.020. Specific procedures followed
by the planning commission, hearing examiner, and city council are set forth in Appendix B.
Table 17.90-1—Decision/Appealed To
Land Use and Development Appealed To
Decisions
Type I and II decisions Hearing examiner(SVMC 17.90.040);further appeal to superior
court(Chapter 36.70C RCW)
Building permits Hearing examiner(SVMC 17.90.040); further appeal to superior
court(Chapter 36.70C RCW)
Type III decisions except zoning map Superior court(Chapter 36.70C RCW)
amendments
Type III zoning map amendments City council(SVMC 17.90.070); further appeal to superior court
(Chapter 36.70C RCW)
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Land Use and Development Appealed To
Decisions
Type IV decisions Superior court
Matters subject to review pursuant to Growth Management Hearings Board
RCW 36.70A.020
Shoreline substantial development Shorelines Hearings Board(RCW 90.58.180)
permits, shoreline conditional use
permits, and shoreline variances
Compliance and enforcement Hearing examiner(SVMC 17.90.040);further appeal to superior
decisions (generally Chapter 17.100 court(Chapter 36.70C RCW)
SVMC)
Order of dwelling, building, Hearing examiner(SVMC 17,105.050)pursuant to the appeal
structure, or premises unfit for procedures set forth in Chapter 17.105 SVMC; further appeal to
human habitation or other use superior court(SVMC 17.105.120)
(Chapter 17.105 SVMC)
Impact fee appeals pursuant to Chapter 22.100 SVMC shall be heard by the hearing examiner. Such
appeals shall be subject to the procedures herein for Type I permit appeals, except as otherwise provided
for by Chapter 22.100 SVMC. Pursuant to Chapter 22.100 SVMC, impact fee appeals shall be heard
concurrently with appeals of the underlying permit as applicable.Impact fee appeals shall be subject to all
requirements of Chapter 22.100 SVMC, including any necessary pre-appeal requirements.
17.90.020 Effective date of final decisions.
A. Type I final decisions and building permits become effective on the day after the appeal period expires
unless an appeal is filed, in which case the procedures of Chapter 17.90 SVMC shall apply. The applicant
and owner have the right to waive their appeal rights,and in such cases where a waiver is submitted in
writing to the department,the Type I decision is considered final on the day it is signed by the city
manager or designee or on the day the waiver is approved,whichever is later,unless a party other than the
applicant owner has standing to appeal.
B. Type II, III, and IV final decisions become effective on the day after the appeal period expires, unless
an appeal is filed, in which case the procedures of Chapter 17.90 SVMC shall apply.
17.90.030 Standing.
A. Type I Decision. The following parties have standing to appeal a Type I decision:
1. The applicant and the owner of the property to whom the decision is directed;and
2. Adjacent property owners.
B. Type II Decision. The following parties have standing to appeal a Type II decision:
1. The applicant and owner of the property to whom the decision is directed;
2.Any party for whom written notice is required; and
3. Any other party who participates in the decision process through the submittal of substantive
written comments.
C. Type III Decision. The following parties have standing to appeal a Type III decision:
1. The applicant and the owner of the property to whom the decision is directed;
Ordinance 22-012--Hearing Examiner Related Regulations Page 17 of 42
2. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or
adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely
affected within the meaning of these rules only when all of the following conditions are present:
a. The decision has prejudiced or is likely to prejudice that person;
b. That person's asserted interests are among those that the hearing examiner was required to
consider when the decision was made;
c. A reversal or modification of the decision in favor of that person would substantially eliminate
or redress the prejudice to that person caused or likely to be caused by the decision; and
d. The appellant has exhausted his or her administrative remedies by being a party of record to
the decision below. A"party of record"means a person who appeared at the public hearing held
by the hearing examiner, or who submitted substantive written comments in the matter prior to
the closing of the record for the hearing.
3. The city manager or designee.
D. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth
Management Hearings Board or a court of competent jurisdiction as allowed by law.
E. Compliance and Enforcement Decisions. The following parties have standing to appeal a compliance
and enforcement decision:
1. The party or owner of property subject to an appeal; and
2. The complainant if a written request is made to be notified of the City's response to the complaint
filed by the complainant.
17.90.040 Time for and contents of an appeal to the hearing examiner.
A.Appeal to Hearing Examiner. Any appeal to the hearing examiner shall be received no later than 14
calendar days after written notice of the decision is mailed. To be considered timely,the appeal must be
filed no later than 4:00 P.M. on the day the appeal period expires. Receipt of a complete appeal
submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal
shall include:
1.The case number designated by the City and the name of the applicant;
2. The name and signature of each petitioner or their authorized representative and a statement
showing that each petitioner has standing to file the appeal under Chapter 17.90 SVMC. If multiple
parties file a single petition for review,the petition shall designate one party as the contact
representative;
3. The specific decision and specific portions of the decision or determination being appealed, and
the specific reasons why each aspect is in error as a matter of fact or law;
4. Evidence that the specific issues raised on appeal were raised during the period in which the record
was open;
5. The appeal fee as identified in Chapter 17.110 SVMC, Fees and Penalties. The fee may be
refunded, either wholly or partially, only if the appellant requests withdrawal of the appeal in writing
at least 14 calendar days before the scheduled appeal hearing date;
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6.A person responsible for a code compliance/enforcement violation who successfully appeals the
City's administrative determination of a violation shall be refunded the appeal fee within 45 calendar
days after the appeal decision.
B. Any issue not identified or raised in the appeal application shall be considered untimely and shall be
deemed waived.
17.90.050 Appeal review process for hearing examiner.
A. Appeal Review Process.
1. All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review
at a public hearing before the hearing examiner within 90 calendar days from the date of submission.
Further extensions are permitted upon mutual agreement of the appellant,the applicant, and the
department.
2.Notice of the appeal hearing shall be mailed to the applicant and the appellant, if different than the
applicant.
17.90.055 Burden of Proof.
A. For appeals of permit applications,unless otherwise provided by state law,(i)the original administrative
decision is presumptively correct, and(ii)appellant shall have the burden of proof to show that the original
administrative decision was issued in error of law or that the findings, conclusions, or decision are not
supported by substantial evidence.
B. For appeals of threshold determinations under SEPA and chapter 21.20 SVMC, unless otherwise
provided by law, (i) the original administrative decision is presumptively correct, (ii) appellant shall have
the burden of proof, and (iii) must show that the original administrative decision was clearly erroneous.
C. For appeals of any enforcement decision, unless otherwise provided by law, (i) the determination by
City staff issuing the determination shall be accorded substantial weight, and (ii) appellant shall have the
burden of proof to show that the original administrative decision was issued in error of law or that the
findings, conclusions, or decision are not supported by substantial evidence.
17.90.060 Hearing examiner appeal hearing procedures.
A. Hearing Procedures. All appeals to the hearing examiner shall be conducted pursuant to Appendix B.
Appeals are limited to consideration of the issues on appeal, and are not public forums for general public
comment. Accordingly,they are not open to general public testimony or comment. Appeals shall be
open to attendance and viewing by the general public.
B. Scheduling of Hearings.
1. The department, in coordination with the hearing examiner, shall prepare an official agenda
indicating the dates and times that matters will be heard. The official agenda shall comply with all
time limits set forth in RCW 36.70B.110.
2. When practical, minor applications, such as a variance or matters that take less time, shall be beard
at the beginning of the day's agenda.
3. The hearing examiner may consolidate applications involving the same or related properties for
hearing.
C.Notice of Hearing—Effect of Notice.
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I. Each public notice required for the hearing of an application shall conform to applicable statutory
and ordinance requirements. The notice should contain a statement that the hearing will be conducted
in the manner set forth in Appendix B.
2. Failure of a person entitled to receive notice of a hearing to actually receive said notice does not
affect the jurisdiction of the hearing examiner to hear the application when scheduled and render a
decision, if the notice was properly published,mailed,and/or posted as required by law.
3.A person is deemed to have received notice if the person appears at the hearing, or submits written
comments on the merits of the application, and the person fails to object to the lack of notice
promptly after the person obtains actual knowledge of the hearing date.
4. If required notice is not given and actual notice is not received,the hearing examiner may
reschedule the hearing or keep the record open on the matter to receive additional evidence.
D. Staff Reports on Appeals.
1. The department may coordinate and assemble the comments and recommendations of other City
departments and commenting agencies, and may make a written staff report to the hearing examiner
on appeals.
2. If a staff report is prepared. It shall be filed with the office of the hearing examiner and mailed by
first class mail or provided to the appellant and other parties at least seven calendar days prior to the
date of the scheduled public hearing. At such time,the department shall also make the report
available for public inspection. Upon request,the department shall provide or mail a copy of the
report to any requesting person for the cost of reproduction and mailing.
3.If the staff report is not timely filed or furnished, the hearing examiner may at his/her discretion
continue the hearing, considering the prejudice to any party and the circumstances of the case.
4. The hearing examiner may make recommendations to the department on the format and content of
staff reports submitted to the hearing examiner.
5. Nothing herein shall prevent the hearing examiner from requiring briefing from the parties on the
merits of their respective cases. Nothing herein shall prevent any party from submitting written
briefing on the merits of its case; provided that such briefing shall be provided within the time
periods identified by the hearing examiner.
E. Site Inspections.
I. The Hearing Examiner may make site inspections,which may occur at any time before the Hearing
Examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make
an inspection, unless the site inspection will require the Hearing Examiner to enter the property, in
which case the Hearing Examiner shall notify all parties that a site inspection will occur on the premises
as part of the decision process and the Hearing Examiner will not engage in substantive discussions
with the owner/applicant.
2. The inspection and the information obtained from it shall not be construed as new evidence or
evidence outside the record. If an inspection reveals new and unanticipated information,the Hearing
Examiner may, upon notice to all parties of record, request a written response to such information or
reopen the hearing and/or record to consider the information.
F. The hearing examiner's appeal decision shall be in writing, be based on the whole record, and include,
but not be limited to, the following:
Ordinance 22-012—Hearing Examiner Related Regulations Page 20 of 42
1. Background. The nature and background of the proceeding, including identification of party
representatives participating in the hearing, prehearing determinations, and other similar information.
2. Findings. The facts that the hearing examiner finds relevant, credible, and requisite to the decision,
based on the record of the proceedings.
3. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings
of fact.
4. Decision. The outcome of the appeal (affirm/uphold,modify, or deny/reverse).
17.90.070 Time for and contents of an appeal to the city council.
All appeals to the city council shall be closed-record appeals and shall follow the procedures and conduct
as set forth below:
A. Appeals of the hearing examiner's decision to the city council must be:
1.Filed with the city clerk within 14 calendar days from the date the final decision of the hearing
examiner was mailed;
2. Accompanied by the appeal fee identified by Chapter 17.110 SVMC, Fees and Penalties;
3.Accompanied by the separate transcript/record deposit fee identified by Chapter 17.110 SVMC,
Fees and Penalties; and
4. Submitted on a form obtained from the city clerk.
B. The appeal form submitted by the appellant shall contain the following information:
1. The file number and a copy of the decision;
2. The name and mailing address of the appellant; the name and mailing address of the appellant's
attorney, if any; and the name of the applicant, if different than the appellant;
3. Facts demonstrating that the appellant has standing to appeal;
4. A separate and concise statement of each error alleged to have been committed;
5. A separate and concise statement of facts upon which the appellant relies to sustain the statement
of error; and
6. A request for relief, specifying the type and extent of relief requested.
C. Upon receipt of the written appeal form and payment of the appeal fee,the city clerk shall forward a
copy of the appeal and the transcript/record deposit fee to the hearing examiner.
D. The appeal shall be dismissed by the city council if:
1. It is filed by a person without standing to appeal;
2. The city council does not have jurisdiction to hear the appeal;
3. It is not timely filed;
4. The appeal fee or the transcript/record deposit fee was not timely paid;
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5. The appellant failed to timely pay the costs incurred by the hearing examiner in preparing the
verbatim transcript and certified record, after being billed for such costs; or
6. It is not filed in accordance with the procedures set forth in these rules.
All motions to dismiss a defective appeal shall be filed within 15 calendar days from the filing date of the
appeal, except for a dismissal under SVMC 17.90.070(D)(5). The city council may dismiss an appeal
under SVMC 17.90.070(D)(5)upon receiving written notification from the hearing examiner that the
appellant failed to timely pay the costs incurred by the hearing examiner for the appeal after being billed
for such costs.
E. The hearing examiner shall have 30 calendar days from the filing date of the appeal to prepare a
verbatim transcript of the hearing before the hearing examiner and a certified copy of the documents in
the record, and to bill the appellant for the costs incurred. The city council may authorize a longer time, at
the hearing examiner's request,for unusually large records or transcripts.
1. If the hearing examiner,the appellant, and the applicant(if different than the appellant), agree, or
upon order of the city council,the verbatim transcript and/or record may be shortened or summarized
to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the
issues raised by the appeal.
2. Upon completion of the transcript and record,the hearing examiner shall bill the appellant for all
costs incurred by the hearing examiner in preparing the verbatim transcript and certified record. The
appellant shall pay the balance above and beyond the deposit fee within seven calendar days from the
date the bill was mailed or provided to the appellant.
3. Upon the appellant's payment of the bill for the cost of the transcript and record, the hearing
examiner shall, by the next business day, deliver a copy of the appeal,verbatim transcript, and
certified record to the city clerk. The hearing examiner shall also provide to the city clerk a list of the
names and mailing addresses of the applicant and the parties of record to the hearing before the
hearing examiner.
4. The city clerk shall furnish copies of the transcript and record to the applicant, if different than the
appellant, all members of the city council, and the city attorney. The hearing examiner, upon request,
will furnish copies of the transcript and record to the appellant, the applicant(if different than the
appellant), and other entities that may request one at the cost of reproduction.
5. If the city council dismisses the appeal on procedural grounds,the appellant shall reimburse the
hearing examiner for the balance of the costs incurred by the hearing examiner in preparing the
transcript and record as of the date of the dismissal, if any.
17.90.080 Appeal review process for city council.
The city council, at its next regular meeting following receipt of the transcript and record from the hearing
examiner, shall schedule a closed-record hearing on the appeal.
A. The city council shall schedule the appeal hearing no sooner than 30 calendar days from the date the
transcript and record were received from the hearing examiner.
B. The city council may approve a later hearing date upon agreement of the applicant.
C. The appellant, or a party of record in opposition to the appeal, may provide input as to the hearing date
only in person at the meeting, or by submitting a letter to the city clerk prior to the meeting.
D. The city clerk shall mail notice of the time,place, and date of the hearing to the appellant,the applicant
(if different than the appellant), and all parties of record to the hearing before the hearing examiner within
five calendar days from the date the appeal hearing was scheduled.
Ordinance 22-012—Hearing Examiner Related Regulations Page 22 of 42
E. Closed-record appeals before the city council shall be concluded within 60 calendar days from the date
the transcript and record are received by the city clerk, unless the applicant agrees in writing to a longer
period.
17.90.090 City council appeal hearing procedures.
All appeals to the city council shall be conducted in the manner set forth in Appendix C.
Section 4. Amendment. Chapter 17.105 SVMC is hereby amended as follows:
17.105.010 Findings—Purpose.
It is found that there exists in the City of Spokane Valley dwellings, buildings, structures, and premises
which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair,
structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate
drainage,overcrowding, or due to other conditions which are harmful to the health and welfare of the
residents of the City.
Chapter 17.105 SVMC is adopted pursuant to Chapter 35.80 RCW and is intended to clarify and
strengthen the City's procedures for abating unfit dwellings, buildings, structures,and premises, Chapter
17.105 SVMC may be used for those purposes specified in Chapter 35.80 RCW and shall be in addition
and supplemental to the powers conferred by any other law, including but not limited to Chapters 7.05
and 17.100 SVMC. Chapter 17.105 SVMC may be used for any dwelling, building, structure, or
premises determined to be unfit for habitation or other uses pursuant to any law, including any provision
of the State Building Code and any provision adopted pursuant to Title 24 SVMC. Chapter 17.105
SVMC shall not be construed as intended to protect a specific class of persons other than the general
public or as creating a duty to any individual citizen.
17.105.020 Enforcement authority and powers.
A. The responsibility for administration and enforcement of Chapter 17.105 SVMC, unless otherwise
provided, is vested in the city manager or his or her designee(s). All references to city manager herein
shall include his or her designee(s). The city manager is designated as the City's"improvement officer"
pursuant to RCW 35.80.030 for purposes of Chapter 17.105 SVMC.
B. The hearing examiner is hereby designated as the"appeals commission"pursuant to RCW 35.80.030
for the purposes of Chapter 17.105 SVMC and shall have all rights and responsibilities for hearing
appeals of administrative orders issued by the city manager.
C. The city manager may exercise such lawful powers as may be necessary or convenient to effectuate the
purposes and provisions of Chapter 17.105 SVMC. These powers shall include, but are not limited to,the
following:
1. To determine, pursuant to standards prescribed herein and by the residential, property, and
building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or are hereafter
amended, which dwellings within the City are unfit for human habitation;
2. To determine,pursuant to standards prescribed herein and by the residential, property, and
building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be
amended,which buildings, structures, or premises are unfit for other use;
3. To administer oaths and affirmations, examine witnesses and receive evidence;
4. To investigate the dwelling or other property conditions in the City and to enter upon premises to
make examinations when the city manager has reasonable grounds to believe such dwellings,
buildings, structures, or premises are unfit for human habitation or for other use; provided such
investigations shall comply with all applicable constitutional,federal, state, and local laws and shall
be made in such a manner as to cause the least possible inconvenience to the persons in possession;
Ordinance 22-012--Hearing Examiner Related Regulations Page 23 of 42
5. To obtain an order from a court of competent jurisdiction for the purpose of entering premises to
make such examinations, after submitting evidence in support of an application which is adequate to
justify such an order in the event entry is denied or resisted;
b. To conduct all necessary hearings related to a determination of unfitness and to impose and require
such remedies and penalties as may be appropriate to vacate, improve, repair, remove, or demolish
unfit dwellings, buildings,structures, or premises;
7. To take all such actions as necessary to collect or assess any allowable costs,fees, or penalties as a
result of actions taken pursuant to Chapter 17.105 SVMC as allowed by law; and
8. To take such other action as may be reasonably necessary and related to administer,enforce, and
carry out the requirements of Chapter 17.105 SVMC.
17.105.030 Procedure to abate unfit dwellings, buildings,structures,or premises.
A. Complaint.
1. If the city manager, after a preliminary investigation,finds that any dwelling, building, structure or
premises is unfit for human habitation or other use pursuant to SVMC 17.105.040, the city manager
shall cause a written complaint to be served either personally or by certified mail,with return receipt
requested, upon all persons having any interest therein, as shown upon the records of the Spokane
County auditor, and shall post the complaint in a conspicuous place on the property that is the subject
of the complaint.
2. If the whereabouts of any such persons is unknown and cannot be ascertained by the city manager
in the exercise of reasonable diligence, and the city manager makes an affidavit to that effect with the
complaint,then service may be made by:
a. Personal service; or
b. Mailing the complaint and affidavit by certified mail, postage prepaid,return receipt
requested,to each such person at the address of the building involved in the proceeding, and
mailing a copy of the complaint and affidavit by first-class mail to any address listed for each
such person in the records of the Spokane County assessor or Spokane County auditor.
3. The complaint shall state in what respects such dwelling, building, structure, or premises is unfit
for human habitation or other use pursuant to SVMC 17.105.040,the applicable remedies that will be
sought, notice of any penalties, and notice that if the City is required to abate the conditions, it may
seek all costs,fees and expenses and such costs,fees, and expenses may be assessed upon the
property and collected as allowed by law.
4. The complaint shall contain notice that a hearing shall be held before the city manager at a place
specified in the complaint,not less than 10 calendar days nor more than 30 calendar days after the
serving of the complaint, and that all parties in interest have the right to file an answer to the
complaint, appear in person, or otherwise, and to give testimony at the time and place in the
complaint.
5.A copy of the complaint and any supporting affidavit shall be filed with the Spokane County
auditor,and the filing of the complaint shall have the same force and effect as other lis pendens
notices provided by law.
B. Hearing. As specified in the complaint,the city manager shall conduct a hearing to determine if a
dwelling, building, structure, or premises is unfit for human habitation or other use. All persons identified
in the complaint shall have the right and opportunity to file an answer with the city manager and appear at
the hearing in person, or otherwise, and give testimony concerning the preliminary determination set forth
in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in
Ordinance 22-012—Hearing Examiner Related Regulations Page 24 of 42
hearings before the city manager. At the conclusion of the hearing, after taking all testimony and
reviewing all submitted evidence,the city manager shall make a determination as to whether the dwelling,
building, structure, or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040.
C.Findings and Order.
1. Upon a determination that a dwelling, building, structure, or premises is unfit for human habitation
or other use pursuant to SVMC 17.105.030(B),the city manager shall make written findings of fact
in support of such determination, and shall issue and cause to be served upon each owner and party in
interest as identified in the complaint, either personally or by certified mail with return receipt
requested, and shall post in a conspicuous place on the property, an order that:
a. Requires the owner and other parties in interest, within the time specified in the order,to
repair,alter, or improve such dwelling, building, structure, or premises to render it fit for human
habitation or for other appropriate use, or to vacate, close, and secure the dwelling, building,
structure, or premises, if that course of action is deemed lawful and reasonable pursuant to
SVMC 17.105.040; or
b. Requires the owner and parties in interest,within the time specified in the order,to remove or
demolish the dwelling, building, structure, or premises, if that course of action is deemed lawful
and reasonable pursuant to SVMC 17.105.040.
If a complainant has made a written request to be notified of the City's response to the complaint
filed by the complainant,the City shall mail, first class with postage prepaid, a copy of the order
made by the city manager.
2.An order may require the owner to take effective steps to board up or otherwise bar access to the
structure or premises, if deemed necessary for public safety, pending further abatement action. The
order shall include any appropriate penalties or remedies available to the City pursuant to Chapter
17.105 SVMC or other applicable provisions of the code.
3. If no appeal is filed within 30 calendar days from the date of service of the order, a copy of the
order shall be filed with the Spokane County auditor, and shall be a final order.
17.105.040 Criteria for determination of unfit dwellings, buildings,structures,or premises.
A. Determination. The city manager is hereby granted authority to determine if a dwelling, building,
structure,or premises is unfit for human habitation or other use if he or she finds that one or more defects
or conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to
the health and safety of the occupants of such dwelling, building, structure, or premises,the occupants of
neighboring dwellings or buildings,or other residents of the City as follows:
1. The defects or conditions meet one or more of the following:
a. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or
panic;
b. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so
warped,worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of exit
in case of fire or panic;
c. Whenever the stress in any materials,member or portion thereof, due to all dead and live
loads, is more than one and one half times the working stress or stresses allowed in the
Washington State building code,as now adopted in Chapter 19.27 RCW and WAC Title 51 or
hereafter amended for new buildings of similar structure, purpose or location;
Ordinance 22-012—Hearing Examiner Related Regulations Page 25 of 42
d. Whenever any portion thereof has been damaged by fire, earthquake,wind, flood or by any
other cause,to such an extent that the structural strength or stability thereof is materially less
than it was before such catastrophe and is less than the minimum requirements of the
Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or
hereafter amended for new building of similar structure, purpose or location;
e. Whenever any portion or member of appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
f. Wherever any portion of a building,or any member appurtenance or ornamentation on the
exterior thereof is not of sufficient strength or stability, or is not so anchored,attached or
fastened in place so as to be capable of resisting a wind pressure of one half of that specified in
the Washington State building code,as now adopted in Chapter 19.27 RCW and WAC Title 51
or hereafter amended for new building of similar structure,purpose or location,without
exceeding the working stresses permitted in the Washington State building code, as now adopted
in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for such buildings;
g. Whenever any portion thereof has wracked,warped, buckled or settled to such an extent that
walls or other structural portions have materially less resistance to winds or earthquakes than is
required in the case of similar new construction;
h. Wherever the building or structure, or any portion thereof', because of:
i.Dilapidation, deterioration or decay;
ii. Faulty construction;
iii. The removal,movement or instability of any portion of the ground necessary for the
purpose of supporting such a building;
iv. The deterioration, decay or inadequacy of its foundation; or
v.Any other cause;
is likely to partially or completely collapse;
i. Whenever,for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used;
j. Whenever the exterior walls are not anchored to supporting and supported elements; are not
plumb and free of holes, cracks or breaks and loose or rotting materials; or are not capable of
supporting all nominal loads and resisting all load effects;
k. Whenever the foundation systems are not firmly supported by footings,are not plumb and free
from open cracks and breaks, are not properly anchored,or are capable of supporting all nominal
loads and resisting all load effects;
1. Whenever roofing or roofing components that have defects that admit rain,roof surfaces with
inadequate drainage or any portion of the roof framing that is not in good repair with signs of
deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads
and resisting all load effects;
m. Wherever a building or structure,used or intended to be used for dwelling purposes, because
of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities, or otherwise, is determined by the building official,
Ordinance 22-012—Hearing Examiner Related Regulations Page 26 of 42
in consultation with the appropriate agency, to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
n. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,faulty
electric wiring, gas connections or heating apparatus,or other cause, is determined by the fire
marshal to be a fire hazard; or
o. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure or whenever any building or structure is abandoned for a
period in excess of six months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public; or
2. The defect or condition otherwise substantially violates the standards and requirements set forth in
the residential,property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same
now exist or may hereafter be amended.
B.Nothing herein shall require the city manager to determine a dwelling, building, structure, or premises
is unfit for human habitation or other use or to require any particular remedy or abatement unless
otherwise required by law.
C. Standards for Determining Appropriate Remedial Action.
1. Once the city manager has made a determination that conditions are such that a dwelling, building,
structure, or premises is unfit for human habitation or other use,the city manager shall determine the
appropriate remedy for the dwelling,building, structure, or premises. The city manager is hereby
authorized to require any appropriate remedy determined necessary to eliminate the hazardous,
injurious, or dangerous conditions or defects and to bring the dwelling, building, structure, or
premises into compliance with the residential, property, and building codes adopted pursuant to
Chapter 24.40 SVMC, as the same now exist or may hereafter be amended.Remedies may include
but are not limited to requiring repair, renovation, restoration,removal, demolition of, or requiring
the person to vacate and close or secure the dwelling, building, structure, or premises. For purposes
of SVMC 17.105.040, "secure"means boarding all door,window, and other ently points or, if
boarding is not possible due to damage, causing the property to be secured by completely fencing off
the property or defects or dangerous conditions with at least a six-foot-tall fence.
When determining the extent of the remedy required, including demolition,the city manager shall
give consideration to:
a. Whether the conditions create an immediate or imminent threat to public health, safety, and
welfare for the subject property and/or adjacent or nearby properties;
b. The cost of available remedies versus the value of the property. This factor shall weigh more
in favor of demolition as the cost of the remedy increases in relation to the value of the property;
c. The length of time the condition has existed; and
d. Previous efforts by the owner or parties in interest to remedy the conditions.
2. Except as otherwise provided herein, a dwelling, building, structure, or premises that has been
determined unfit for human habitation shall be demolished whenever the estimated cost of repair,
renovation,restoration or other remedy exceeds 50 percent of the value of the dwelling, building,
structure, or premises.
3. When a dwelling,building, structure, or premises has been determined to be unfit for human
habitation or other use pursuant to SVMC 17.105.040(A) and has been ordered to be repaired,
Ordinance 22-012—Hearing Examiner Related Regulalions Page 27 of 42
renovated, or restored, it shall be vacated and demolished if it has not been repaired, renovated,
restored, or otherwise abated to such a degree to receive a written determination of habitability from
the city manager within six months after the date specified for completion of the required repair,
renovation, or restoration, provided such date shall not exceed 18 months from the date of the final
determination of unfitness, including any appeals of such determination.
4. The city manager shall specify the timeline for(a) demolition of the unfit structure,if the structure
is required to be demolished, or(b) other abatement required for structures in the determination of
unfitness.
17.105.050 Right to appeal.
A. The following parties have standing to appeal an order of the city manager to the hearing examiner:
1. The party in interest or owner of property subject to the order; and
2. The complainant if a written request is made to be notified of the City's response to the complaint
filed by the complainant.
B. An appeal of the city manager's order may be filed within 30 calendar days from the date of service.
An appeal shall not be considered filed unless accompanied with the appropriate appeal fee and a
complete appeal submittal.
17.105.060 Contents of an appeal to the hearing examiner.
A. Each appeal to the hearing examiner shall include:
1. The case number designated by the City and the name of the parties in interest and owner of the
property subject to the order;
2. The name and signature of each appellant or their authorized representative and a statement
showing that each appellant has standing to file an appeal pursuant to SVMC 17.105.050. If multiple
parties file a single appeal,the appeal shall designate one party as the contact representative;
3. The specific decision and specific portions of the decision or determination being appealed, and
the reasons why each aspect is in error as a matter of fact or law;
4.Evidence that specific issues raised on appeal were raised during the hearing on the complaint or
were timely submitted while the record was open if such issues could have been raised; provided
issues that were not ripe(such as issues raised in decision) need not have been raised; and
5. The appeal fee pursuant to Chapter 17.110 SVMC, unless otherwise exempted.The fee may be
refunded, either wholly or partially, if:
a. The appellant requests withdrawal of the appeal in writing at least 10 calendar days before the
scheduled appeal hearing date; or
b. The appellant(s)successfully appeals the City's order, which refund shall occur within 45
calendar days of the hearing examiner's decision.
B. All complete appeals submitted and allowed pursuant to Chapter 17.105 SVMC shall be scheduled for
hearing before the hearing examiner. The hearing shall be scheduled to allow the hearing examiner to
issue a final decision on the appeal within 60 calendar days from the date of filing of the appeal. Hearings
on an appeal shall be open to public view.
C.Notice of the appeal hearing shall be provided at least 10 calendar days in advance of the hearing, by
first-class mail, postage prepaid,to the appellant(s),the other party in interest, or other owner of the
Ordinance 22-012--Hearing Examiner Related Regulations Page 28 of 42
property subject to the order, and complainant, if the complainant made a written request to be notified of
the City's response to the complaint, and the City.
1.Failure of a person entitled to receive notice to actually receive notice does not affect the
jurisdiction of the hearing examiner to hear the appeal when scheduled and render a decision, if the
notice was properly published, mailed, and/or posted as required by law.
2. A person is deemed to have received notice if the person appears at the hearing,or submits written
comments on the merits of the application, or if the person fails to object to the lack of notice
promptly after the person obtains actual knowledge of the hearing date.
3. If required notice is not given and actual notice is not received,the hearing examiner may
reschedule the hearing or keep the record open on the matter to receive additional evidence from the
party or parties who did not receive notice.
D. The filing of the appeal shall stay the order of the city manager, except for temporary measures of an
emergent nature that are required, such as securing the building to minimize any imminent danger to the
public health or safety.
17.105.070 Hearing examiner appeal procedures.
A.Except as otherwise provided in this chapter,all appeals of decisions under this chapter shall be before
the hearing examiner and shall be conducted pursuant to Appendix B. Appeals are limited to
consideration of the issues on appeal,and are not public forums for general public comment. The format
of the appeal hearing shall be organized so that the testimony and written evidence may be presented
quickly and efficiently.
B. Burden of Proof. Unless otherwise provided by law,the determination of City staff in the order shall
be accorded substantial weight, and appellant shall have the burden of proof to show that the original
administrative decision was issued in error of law or that the findings, conclusions, or decision are not
supported by substantial evidence.
C. Staff reports. The City may prepare a report including introduction of the official file on the order and
its procedural history, an explanation of the city manager's determination, including the use of visual aids,
and the recommendation of the City on the appeal of the order.
D. Nothing herein shall prevent the hearing examiner from requiring briefing from the parties on the
merits of their respective cases. Nothing herein shall prevent any party from submitting written briefing
on the merits of its case;provided that such briefing shall be provided within the time periods identified
by the hearing examiner.
17.105.080 Reserved.
17.105.090 Hearing examiner appeal—Record of hearing.
The hearing examiner shall establish and maintain a record of all proceedings and hearings conducted by
the hearing examiner, including an electronic recording capable of being accurately transcribed and
reproduced. Copies of the recording and any written portions of the record shall be made available to the
public on request for the cost of reproduction or transcription, as determined by the hearing examiner.
Any request for a record of hearing pursuant to SVMC 17.105.090 shall not be considered a public record
request pursuant to chapter 42.56 RCW unless specifically identified as such by the requester.
17.105.100 Hearing examiner appeal—Decision.
A.The decision of the hearing examiner shall be in writing,be based on the whole record, and include,
but not be limited to,the following:
Ordinance 22-012—Hearing Examiner Related Regulations Page 29 of 42
1. Background. The nature and background of the proceeding, including identification of party
representatives participating in the hearing, prehearing determinations, and other similar information.
2. Findings. The facts that the hearing examiner finds relevant, credible, and necessary to the
decision, based on the record of the proceedings.
3. Conclusions. Legal and factual conclusions based upon specific provisions of law and the
findings of fact.
4. Decision. The outcome of the appeal (affirm/uphold,modify, or deny/reverse).
The hearing examiner's decision shall bear the same legal consequences as if issued by the city manager
pursuant to SVMC 17,105.030.
B. The hearing examiner shall render a final decision within 10 calendar business days following the
closure of the record,unless a longer time period is mutually agreed to in writing by the appellant and the
hearing examiner; provided,the decision of the hearing examiner shall be issued within 60 calendar days
from the date of filing of the appeal.
C. The hearing examiner shall report and provide notice of the decision by certified mail, return receipt
requested,to the appellant(s)and to all parties and the City by first class mail,postage prepaid. Any final
order in the hearing examiner's decision shall be posted in a conspicuous location on the property that is
the subject of the decision and appeal. A copy of the hearing examiner's decision shall be filed with the
Spokane County auditor. A transcript of the hearing examiner's decision,findings, and orders shall be
made available to the appellant upon demand.
D. The hearing examiner's decision shall be subject to further review only in the manner and to the extent
provided in SVMC 17.105.110 and 17.105.120. If it is not timely and correctly appealed pursuant to
SVMC 17.105.110 or 17.105.120,the hearing examiner's decision shall be a final order.
17.105.110 Hearing examiner appeal—Reconsideration, clerical errors.
A. Any aggrieved party of record may file a written petition for reconsideration with the hearing examiner
within 10 calendar days following the date of the hearing examiner's written decision. The petitioner for
reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of
record on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing
examiner's decision until such time as the petition has been disposed of in writing by the hearing
examiner.
B. The grounds for seeking reconsideration shall be limited to the following:
1. The hearing examiner exceeded the hearing examiner's jurisdiction;
2. The hearing examiner failed to follow the applicable procedure in reaching the hearing examiner's
decision;
3. The hearing examiner committed an error of law;
4. The hearing examiner's findings, conclusions and/or conditions are not supported by the record; or
5.New evidence which could not reasonably have been produced and which is material to the
decision is discovered.
C. The petition for reconsideration shall:
Ordinance 22-012—Hearing Examiner Related Regulations Page 30 of 42
1. Contain the name,mailing address,and daytime telephone number of the petitioner, or the
petitioner's representative,together with the signature of the petitioner or of the petitioner's
representative;
2. Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is
requested;
3. State the specific grounds upon which relief is requested;
4. Describe the specific relief requested; and
5. Where applicable, identify the specific nature of any newly discovered evidence or changes
proposed.
D. The petition for reconsideration shall be decided by the same hearing examiner who rendered the
decision, if reasonably available. The hearing examiner shall provide notice of the decision on
reconsideration in the same manner as provided for a decision in SVMC 17.105.100. Within 14 calendar
days the hearing examiner shall:
1. Deny the petition in writing;
2. Grant the petition and issue an amended decision in accordance with the provisions of SVMC
17.105.100;
3. Accept the petition and give notice to all parties of record of the opportunity to submit written
comment. Parties of record shall have 10 calendar days from the date of such notice in which to
submit written comments.The hearing examiner shall either issue a decision in accordance with the
provisions of SVMC 17.105.100, or issue an order within 15 calendar days after the close of the
comment period setting the matter for further hearing. If further hearing is ordered,the hearing
examiner's office shall mail notice at least 15 calendar days in advance of the hearing as provided in
SVMC 17.105.060 to all parties of record; or
4. Accept the petition and set the matter for further open record hearing to consider new evidence,
proposed changes in the application and/or the arguments of the parties.Notice of such further
hearing shall be mailed by the hearing examiner's office at least 10 calendar days in advance of the
hearing as provided in SVMC 17.105.060 not less than 15 calendar days prior to the hearing date to
all parties of record. The hearing examiner shall issue a decision following the further hearing in
accordance with the provisions of SVMC 17.105.100.
E. A decision which has been subjected to the reconsideration process shall not again be subject to
reconsideration; provided,that a decision which has been revised on reconsideration from any form of
denial to any form of approval with preconditions and/or conditions shall be subject to reconsideration.
F. The hearing examiner may consolidate for action, in whole or in part,multiple petitions for
reconsideration of the same decision where such consolidation would facilitate procedural efficiency.
G. Clerical mistakes and errors arising from oversight or omission in hearing examiner decisions may be
corrected by the hearing examiner at any time either on the hearing examiner's initiative or on the motion
of a party of record. A copy of each page affected by the correction,with the correction clearly identified,
shall be mailed to all parties of record. This shall not extend the appeal period from the decision.
17.105.120 Appeal to superior court.
Any person affected by an order issued by the hearing examiner may,within 30 calendar days after the
date of service of the hearing examiner's order, appeal the hearing examiner's order to Spokane County
superior court or may petition the superior court for an injunction or other appropriate order restraining
the city manager from carrying out the provisions of the hearing examiner's order.Pursuant to RCW
Ordinance 22-012—Hearing Examiner Related Regulations Page 31 of 42
35.80.030, in all such proceedings the court may affirm, reverse, or modify the order and the review shall
be de novo.
17.105.130 Abatement.
A. The order of the city manager or the hearing examiner may prescribe times within which demolition or
other abatement shall be commenced or completed. If the action is not commenced or completed within
the prescribed time, or if no time is prescribed within the time limit for appealing,the city manager may
commence the required abatement action after having taken the legally required steps, if any, to gain
entry. If satisfactory progress has been made and sufficient evidence is presented that the work will be
completed within a reasonable time,the city manager or the hearing examiner may extend the time for
completion of the work, subject to immediate summary revocation at any time without further hearing if
satisfactory progress is not being made.
B. If the owner is unable to comply with the city manager's or the hearing examiner's order within the
time required, and the time for appeals to the hearing examiner or petition to the court has passed,the
owner may,for good and sufficient cause beyond his or her control,request an extension of time in
writing supported by affidavit. The city manager or hearing examiner may grant a reasonable extension of
time after finding that the delay was beyond the control of the owner. There shall be no appeal or petition.
from the denial of an extension of time.
C.Any work, including demolition,construction,repairs,or alterations required pursuant to Chapter
17.105 SVMC,shall be subject to all permitting requirements of the City.
17.105.140 Abatement by the City.
A. If the parties of interest or owner,following exhaustion of his or her rights of appeal, fails to comply
with a final order issued pursuant to Chapter 17.105 SVMC to repair,alter, improve, vacate, close,
remove, or demolish the dwelling, building, structure, or premises, or fails to take other required action,
the city manager may direct or cause such dwelling, building, structure, or premises to be repaired,
altered, improved,vacated, closed, removed, demolished, or to abate such other conditions which render
the dwelling, building, structure, or premises unfit for human habitation or other use as identified in the
order and to take such further steps as may be reasonable and necessary to prevent access to the structure
or premises, for public health or safety reasons, pending abatement.
B. The City may seek a judicial abatement order from Spokane County superior court to abate a condition
which continues to be a violation of Chapter 17.105 SVMC, or which,pursuant to a final order or hearing
examiner decision issued pursuant to Chapter 17.105 SVMC, has been determined to be a dwelling,
building, structure,or premises that is unfit for human habitation or other use.
17105.150 Abatement costs.
A. The amount of the cost of any abatement conducted pursuant to SVMC 17.105.140, including actual
abatement expenses, reasonable legal fees and costs, administrative personnel costs, penalties, all other
related expenses and costs, such as costs of notices, contracting, or inspections, costs of appeal of any
decision pursuant to SVMC 17.105.050,and court costs, shall be paid by the parties in interest or owner
of the property. If the parties in interest or owner of the property fail to timely pay such costs, the costs
shall be assessed against the real property upon which such cost was incurred. The costs of abatement
shall be certified by the city manager to the Spokane County treasurer as an amount due and owing to the
City, pursuant to RCW 35.80.030,to be entered by the Spokane County treasurer as an assessment upon
the tax rolls against the property for the current year and shall become a part of the general taxes for that
year to be collected at the same time and with interest at such rates and in such manner as is provided in
RCW 84.56.020 as the same now exists or may hereafter be amended, for delinquent taxes, and when
collected to be deposited to the credit of the City's general fund.
B.If the City removes or demolishes a dwelling, building, structure, or premises pursuant to SVMC
17.105.140,the City shall, if possible,sell the materials from the dwelling, building, structure or
Ordinance 22-012—Hearing Examiner Related Regulations Page 32 of 42
premises. The proceeds of the sale of any materials shall be credited against the cost of removal or
demolition, and if there is any balance remaining, such balance shall be paid to the parties entitled thereto,
after deducting the costs incident thereto.
C. The assessment shall constitute a lien against the property which shall be of equal rank with state,
county, and municipal taxes pursuant to RCW 35.80,030(h).
D. For purposes of SVMC 17.105.150,the cost of abatement shall include the amount of any relocation
assistance payments that were advanced by the City pursuant to RCW 59.18.085 and which have not been
repaid and any and all penalties and interest that accrue as a result of the failure of the property owner to
timely repay the amount of these relocation assistance payments pursuant to RCW 59.18.085.
E. The city manager may modify the time or methods of payment of such expenses as the condition of the
property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses
may be waived pursuant to an appropriate written finding by the city manager.
17.105.160 Supplemental chapter.
Nothing in Chapter 17.105 SVMC shall be construed to abrogate or impair the powers of the courts or of
any department of the City to enforce any provisions of its ordinances or regulations or to prevent or
punish violations of such ordinances or regulations; and the powers conferred by Chapter 17.105 SVMC
shall be in addition and supplemental to the powers conferred by any other statute or ordinance.
17.105.170 Nuisances—Powers reserved.
Nothing in Chapter 17.105 SVMC shall be construed to impair or limit in any way the City's power to
define and declare nuisances and to cause their removal or abatement by summary proceedings or
otherwise.
17.105.180 Appeal to superior court.
A. A decision pursuant to SVMC 17.105.100 shall be considered an"order"for purposes of Chapter
17.105 SVMC.
B. An order issued pursuant to Chapter 17.105 SVMC may be appealed to Washington State Superior
Court solely as allowed by law.
17.105.190 Emergencies.
The provisions of Chapter 17.105 SVMC shall not prevent the city manager or any other officer or agency
of the City of Spokane Valley from taking any other action, summary or otherwise, necessary to eliminate
or minimize an imminent danger to the health or safety of any person or property.
17.105.200 Discrimination.
All proceedings under Chapter 17.105 SVMC shall be subject to the anti-discrimination provisions of
RCW 35.80.040 as the same now exists or may hereafter be amended.
Section 5. Amendment. Chapter 18.20 SVMC is hereby amended as follows:
18.20.010 Authority.
The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170,
36.70B.120(3) and Chapter 58.17 RCW et seq.
18.20.020 Appointment.
A. The hearing examiner is appointed by the city manager with regard only for qualifications for the
duties of the office. The city manager alternatively may contract for hearing examiner services or may
appoint one or more hearing examiners pro tent.
Ordinance 22-012—Hearing Examiner Related Regulations Page 33 of 42
B.The qualifications for the office of hearing examiner include a license to practice law in the state of
Washington, expertise in land use law and planning and the training and experience necessary to conduct
administrative or quasi-judicial hearings and to issue decisions and recommendations on land use
planning and regulatory matters.
18.20.030 Powers and duties.
A. The hearing examiner shall be under the administrative supervision of the city manager.
B.The hearing examiner shall have the following powers and duties:
1. Annually provide a written report to the city manager or designee and city council that states the
number and type of hearings conducted and decisions issued during the past year,the outcome of
such decisions, recommendations for improving the hearing examiner system, and pertinent
observations and recommendations regarding land use policies and development regulations.
2. Upon request,meet with the city manager or designee or city council to discuss the written report.
3. Receive and examine available information,make site visits,take official notice of matters,
conduct public hearings, prepare a record thereof, and enter findings, decisions or recommendations.
4. As a part of the conduct of public hearings,the hearing examiner shall have the authority to:
a. Conduct pre-hearing conferences;
b. Require the submittal of information;
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters, including motions and objections appropriate
to the proceedings;
e.Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
g. Maintain order during the hearing process;
h. Render decisions and issue written findings and conclusions;
i. Include in a decision the conditions of approval necessary to ensure that the application
complies with the applicable criteria for its approval; and
j. Revoke any approval for failure to comply with the conditions imposed by the hearing
examiner where specifically authorized by the SVMC or state law.
5. The hearing examiner shall hear the following matters:
a.Variances;
b. Conditional use permits;
c. Special use permits;
d. Shoreline letter of exemption appeals;
e. Preliminary plats;
Ordinance 22-012—Hearing Examiner Related Regulations Page 34 of 42
f. Appeals from any administrative decision of the department of community and public works
or the building official in the administration or enforcement of chapter 7.05 SVMC and Title 17
through 24 SVMC and any other land use code or regulation;
g. Appeals on State Environmental Policy Act(SEPA) determinations;
h. Site-specific zone changes of property, including any environmental determination (under
SEPA); and
i. Any other applications or appeals that the city council may refer by motion or ordinance,
specifically declaring whether the decision of the hearing examiner is a final decision or may be
appealed to the city council.
6.All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth
in Appendix B.
7. Hearing examiner decisions shall be given the effect of a final decision of the legislative body,
except for rezones and where otherwise specified by City Council or the applicable SVMC.
8. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC.
18.20.040 Removal.
The hearing examiner or hearing examiner pro tem may be removed by the city manager without cause;
or, if serving under a contract, according to the terms or upon its expiration.
18.20.050 Ex parte communications.
A,No person may communicate ex parte,directly or indirectly,with the hearing examiner. The hearing
examiner may not communicate ex parte with opponents or proponents of any application unless the
hearing examiner makes the substance of such communication part of the public record and provides the
opportunity for any party to rebut the substance of such communication as provided by law. The hearing
examiner may reopen the hearing record prior to a final decision to address such matters.
B. This section does not prohibit ex parte communication regarding procedural matters, communication
by the hearing examiner with his/her staff or the city attorney's office, communication by the hearing
examiner for the sole purpose of conveying information regarding the specifics of an application, or
communication by the hearing examiner with city departments for the purpose of obtaining information or
clarification, so long as the information or clarification received by the hearing examiner is made part of
the record.
C. If a prohibited ex parte communication is made to or by the Hearing Examiner, the communication
shall be publicly and timely disclosed, and proper discretion shall be exercised by the Hearing Examiner
on whether to seek recusal as Hearing Examiner for that particular hearing and have a Hearing Examiner
pro tent preside over that matter.
18.20.060 Conflict of interest.
The hearing examiner may not participate in a public hearing or decision-making process where such
participation would constitute a conflict of interest pursuant to Chapter 42.23 RCW. Similarly,the
hearing examiner may not participate in a public hearing or decision-making process where such
participation would violate the appearance of fairness doctrine, set forth in Chapter 42.36 RCW, unless
the parties to such hearing or decision consent to or waive their right to object to such participation.
Section 6. Amendment. Chapter 24.20 SVMC is hereby amended as follows:
Ordinance 22-012—Hearing Examiner Related Regulations Page 35 of 42
24.20.010 Purpose of provisions.
These regulations have been established in compliance with the State Building Code Act to promote the
health, safety and welfare of the occupants or users of buildings and structures and the general public as
enumerated in RCW 19.27.020. Title 24 SVMC shall not be construed as intending to protect a specific
class of persons other than the general public or as creating a duty to any individual citizen.
Section 7. Amendment. Chapter 24.40 SVMC is hereby amended as follows:
24.40.010 General.
A. The adopted codes shall apply to any structure, equipment, or activity as provided herein.
B.All projects submitted for review and approval must conform to the requirements of SVMC Title 24.
24.40.020 Specific.
A. Pursuant to Chapters 19.27 and 19.27A RCW,and Chapter 51-50 WAC,the City adopts the Washington
State Building Code, as presently constituted or subsequently amended,together with all amendments and
additions provided in SVMC Title 24. The adopted code includes:
1. The International Building Code, as published by the International Code Council, Inc., including
Washington State Amendments(Chapter 51-50 WAC);
2. International Residential Code, as published by the International Code Council, Inc., including
Washington State Amendments (Chapter 51-51 WAC);
3. International Energy Conservation Code, as published by the International Code Council, Inc.,
including Washington State Amendments(Chapters 51-11 C and 51-11R WAC);
4. International Mechanical Code and the International Fuel Gas Code, NFPA 58 and NFPA 54, as
published by the International Code Council,Inc., including Washington State Amendments(Chapter
51-52 WAC);
5, International Fire Code,as published by the International Code Council,Inc., including Washington
State Amendments(Chapter 51-54A WAC); and
6. Uniform Plumbing Code and Uniform Plumbing Code Standards, as published by the International
Association of Plumbing and Mechanical Officials,including Washington State Amendments(Chapter
51-56 WAC).
B. The City hereby adopts the 2018 Edition of the International Property Maintenance Code, current
adopted edition, as published by the International Code Council, Inc., except Sections 106, 111, 302.3,
302.4, 302.8, 304.2, 304.8, 304.13 through 304.19, 305.3, 305.6, 308, 309.2 through 309.5, 404,1, 506.3,
507, and 606 are not adopted. The adopted International Property Maintenance Code is further hereby
amended as provided in SVMC Title 24. The adopted International Property Maintenance Code is in
addition and supplemental to any and all other adopted codes and regulations, and applies to any and all
existing structures and premises; equipment, facilities and fixtures; light, ventilation, space heating,
sanitation, life and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy
of existing premises and structures; and such other matters as contained therein.
C.No provisions contained in any of the codes adopted in SVMC 24.40.020 related to fees,time limitation
of application, and permit expiration are adopted. All fees, application time limitations, and permit
expirations shall be enforced pursuant to Title 7, 17, and 24 SVMC and not pursuant to the model codes
adopted in SVMC 24.40.020.
D. No provisions contained in any of the codes adopted in SVMC 24.40.020 related to the appeal of a
decision, order, or determination of the Building Official are adopted. All appeals of a decision, order, or
Ordinance 22-012—Hearing Examiner Related Regulations Page 36 of 42
determination of the Building Official shall be pursuant to SVMC 17.90.010 and not pursuant to the model
codes adopted in SVMC 24.40.020,
24.40.030 Local provisions.
A. The provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically
amended by SVMC Title 24.
B. Projects subject to regulation under Chapter 24.40 SVMC vest to the state code edition under which a
complete application was accepted.
1. Time Limitation of Application.Applications are valid for one year.One or more extensions of time
may be granted for a term of not more than 180 days but shall not exceed the time remaining in the
code cycle to which the application is vested. Any request for extension shall be made in writing. All
permit applications regulated by SVMC Title 24 shall be deemed to be abandoned and become null
and void if a permit is not issued within the time limits described herein.
a.Applications that have expired subject to SVMC 24.40.030 have no vested right to review under
the state code or Spokane Valley Municipal Code in effect at the time of original complete
application.
b. For review to continue on a project for which the application has expired, a new permit
application must be submitted and a new fee paid. The application is subject to the processes and
requirements of the Spokane Valley Municipal Code as constituted at the time of the new
application. The scope of application submittal requirements and review process shall be
determined by the city manager or designee.
2. Expiration of Permits. Every permit issued subject to SVMC 24.40.030 shall expire and become
invalid unless the work authorized by such permit is commenced within two years of issuance. One or
more extensions of time may be granted for a term not more than 180 days but shall not exceed the
time remaining in the first full code cycle after the code cycle to which the permit is vested. Any such
extension shall be requested in writing.
A permit issued subject to SVMC 24.40.030 shall expire and become invalid if the work authorized by
the permit is not completed within two years after the first required inspection has been made.
a. Permits that have expired subject to SVMC 24.40.030 have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application acceptance.
b. When a permit expires and the work authorized by the expired permit is not completed, the
remaining work may continue only after a new permit application for the remaining work has been
submitted, approved, and new fees paid. The scope of permit review and fee amount shall be
determined by the city manager or designee. The fees shall be set to cover actual City costs for
services.
c. Compliance Actions. If a permit issued to resolve a code violation expires subject to SVMC
24.40.030, the property owner may be subject to the immediate imposition of penalties and
remedies authorized by the Spokane Valley Municipal Code.
3. Permit Ownership. Ownership of a permit issued pursuant to SVMC Title 24 inures to the property
owner. If the permit applicant is not the property owner,the applicant shall be held to be an agent of,
and acting on behalf of,the property owner.
4. Fees and Fee Refunds. Application and permit fees shall be collected or refunded subject to the
provisions of the currently adopted Spokane Valley master fee schedule. A permit shall not be valid
until the fees prescribed by the Spokane Valley master fee schedule have been paid in full.
Ordinance 22-012—Hearing Examiner Related Regulations Page 37 of 42
The building official may authorize the refunding of fees in the manner and for the amounts set forth
in the currently adopted Spokane Valley master fee schedule.
5. Work Commencing Before Permit Issuance. Any person who commences any work on a building
structure, electrical, gas, mechanical or plumbing system, before obtaining necessary permits, shall be
subject to an investigation fee in accordance with the current City of Spokane Valley master fee
schedule.
The investigation fee shall be equal to and additional to the permit fee that would have been required
had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the
investigation fee does not vest illegal work or establish any right to a permit.
24.40.040 Local amendments to the adopted codes.
The City hereby amends the adopted State Building Code as follows:
A. The International Building Code.
1.Amend Section 105, Permits, as follows:
a, Section 105.2, Work exempt from permit,Building: 1. to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses
provided the floor area does not exceed 200 square feet(11.15 m2).
b. Section 105.2, Work exempt from permit,Building: Item 6.to read as follows:
Item 6. Decks, sidewalks and driveways not more than 30 inches (762 mm) above the lowest adjacent
ground level within six feet horizontally of the edge of the deck, sidewalk or driveway and where a
guardrail is not required by other sections of this code, and not over any basement or story below and
are not part of an accessible route.
2. Amend Section 1613, Earthquake loads,as follows:
a. Add a sentence to subsection 1613.1, Scope, as follows:
The minimum seismic design category shall be C.
B. The International Residential Code.
1. Replace Table R301,2(1), Climatic and Geographic Design Criteria, with the following:
GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE t WINTER ICE FLOOD AIR MEAN
SNOW DESIGN FROM DESIGN BARRIER HAZARDS FREEZING ANNUAL
LOAD* CATEGORY TEMP. UNDERLAYMENT INDEX TEMP
Ultimate Topographic Special Windbome Weathering Frost Termite REQUIRED
Design effects wind debris line
Speed region region depth
(mph)*
39 lbs/l12 110 No No No C Severe 24" Slight to 10°F Yes 2010 FIRM 1232 47.2°F
*Roof *Nominal Moderate
Snow Design
Load: min. Speed:85
30 lbs/f12,
MANUAL J DESIGN CRITERIA'
Elevation Latitude Winter heating Summer cooling Altitude Indoor design temperature Design temperature Floating
correction factor cooling temperature
difference
2001 47°N 7°F 89°F 0.94 72°F 75°F 65°F
Ordinance 22-012—Hearing Examiner Related Regulations Page 38 of 42
GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE WINTER ICE FLOOD AIR MEAN
SNOW DESIGN FROM DESIGN BARRIER HAZARDS FREEZING ANNUAL
LOAD* CATEGORY TEMP. UNDERLAYMENT INDEX TEMP
Ultimate Topographic Special Windborne Weathering Frost Termite REQUIRED
Design effects wind debris line
Speed region region depth
(mph)*
Cooling Wind velocity heating Wind velocity Coincident wet bulb Daily range Winter humidity Summer humidity
temperature cooling
difference
14°F 15 MPH 75 MPH 61 High 30% 50%
'Manual J Design Criteria may be based on site-specific data in accordance with the Washington State Energy Code.
2. Amend Section R310.2.5, Emergency escape and rescue openings, as follows:
R310.2.5 Replacement of emergency escape and rescue openings except for replacement of glazing
only in such windows shall be of the size required by this section.
3. Amend Section R322, Flood-resistant construction,as follows:
a. Modify R322.1, General,to add municipal code reference and read as follows:
All development in whole or in part within a designated floodplain shall comply with chapter
21.30 SVMC and be designed and constructed in accordance with the provisions contained in this
section.
b. Add a sentence to subsection R322.1.4, Establishing the design flood elevation, such that the
section reads as follows:
The design flood elevation is equal to base flood elevation plus one (1) foot. The design flood
elevation shall be used to define areas prone to flooding, and shall describe, at a minimum, the
base flood elevation at the depth of peak elevation of flooding(including wave height)which has
a 1 percent(100-year flood) or greater chance of being equaled or exceeded in any given year.
c.Delete item 1 in subsection R322.2.1,Elevation requirements,as amended by Washington State,
and replace with a new item 1 to read as follows:
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have
the lowest floors elevated to or above base flood elevation plus one foot.
d.Delete item 3 in subsection R322.2.1,Elevation requirements,as amended by Washington State,
and replace with a new item 3 to read as follows:
Basement floors that are below grade on all sides shall be elevated to or above base flood elevation
plus one foot.
e. Add a second paragraph to Section R322.3.9, Construction documents,to read as follows:
The documents shall include a verification of foundation elevation prior to footing inspection
approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior
to framing inspection approval.
C. The International Mechanical Code and the International Fuel Gas Code. Reserved.
D. The International Fire Code.
1. Adopt Appendix B,Fire Flow Requirements for Buildings.
2. Adopt Appendix C, Fire Hydrant Locations and Distribution.
Ordinance 22-012—Hearing Examiner Related Regulations Page 39 of 42
3. Adopt Appendix D,Fire Apparatus Access Roads;amend Section D101.1,to read as follows:
D 101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other
applicable requirements of the International Fire Code including the provisions of Section 503 Fire
Apparatus Access Roads.
E. The Uniform Plumbing Code.Reserved.
F. The 2018 International Property Maintenance Code.
1. Amend Section 202, General definitions, by adding the following definitions:
a. Blighted property. A property, dwelling, building, or structure which constitutes blight on the
surrounding neighborhood. `Blight on the surrounding neighborhood" is any property, dwelling,
building, or structure that meets any two of the following factors:
i.A dwelling,building,or structure exists on the property that has not been lawfully occupied
for a period of one year or more;
ii. The property, dwelling, building, or structure constitutes a threat to the public health,
safety, or welfare as determined by the City manager or designee;
iii. The property, dwelling, building, or structure is or has been associated with illegal drug
activity during the previous twelve months.
b. Drug properties and structures.Any building, structure and/or associated property, identified by
the Chief of Police, wherein or upon which the manufacture, distribution, production or storage of
illegal drugs or the precursors to create illegal drugs has taken place in a manner which could
endanger the public.
2. Amend Section 202, General definitions, by deleting the following definitions:
a. Garbage;
b. Housekeeping unit;
c. Inoperable motor vehicle.
3. Amend Section 108,Unsafe structures and equipment, as follows:
a. Add a new subsection 108.8,Blighted properties,to read as follows:
In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance
with the notice requirements and other procedures for condemnation provided in Title 8 RCW,
any property, dwelling, building, or structure which constitutes a blight on the surrounding
neighborhood.
Prior to such condemnation,the City Council shall adopt a resolution declaring that the acquisition
of the real property described therein is necessary to eliminate neighborhood blight.
Condemnation of property, dwellings, buildings, and structures for the purposes described in this
chapter is declared to be for a public use.
b. Add a new subsection 108.9,Drug properties and structures,to read as follows:
Drug properties and/or structures are declared to be unsafe properties or structures and are a
classification of property subject to the special procedures set forth in Section 108.8.The Building
Official is authorized to abate such unsafe buildings, structures, and/or associated properties in
Ordinance 22-012—Hearing Examiner Related Regulations Page 40 of 42
accordance with the procedures set forth in this code and Washington statute,chapter 64.44 RCW,
with the following additional actions:
i.Due to public safety hazard in drug production facilities,all public and private utilities shall
be disconnected.
Building(s) and structures shall be inspected to determine compliance with all City
ordinances and codes.
iii.Buildings)and any entry gates to the property shall be secured against entry in the manner
set forth in this code.
iv. Reconnection of utilities or occupancy of the buildings), structures or property shall not
be allowed until all violations have been addressed, all dangerous conditions abated and a
notice of release for re-occupancy has been received from the health department and sheriff's
office.
v. If dangerous conditions cannot be abated, occupancy shall be prohibited and the structure
and/or property may be subject to condemnation pursuant to RCW 35.80A.010,
Condemnation of blighted property.
4. Replace the code reference, International Plumbing Code, in Sections 502.5 and 505.1 with the
following:
The State adoption of the Uniform Plumbing Code.
5.Delete the text of Section 602.2,Residential occupancies, and replace with the following:
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°
F(20°C) in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances shall not be used to
provide space heating to meet the requirements of this section.
6.DeIete the text of Section 602.3, Heat supply, and replace with the following:
Every owner and operator of any building who rents, leases or lets one or more dwelling units or
sleeping units on terms, either expressed or implied, to supply heat to occupants thereof shall provide
heat to maintain a temperature of 68° F (20° C)in all habitable rooms,bathrooms, and toilet rooms.
7. Replace paragraph one of Section 602.4,Occupiable work spaces, with the following:
Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65° F (18° C)
during the period the spaces are occupied.
8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the following:
The State adoption of the National Electrical Code.
Section S. Repeal and replace SVMC Appendix B. SVMC Appendix B is hereby repealed
and replaced in its entirety, with the new Appendix B included as Exhibit 1 to Ordinance 22-012, entitled
"Rules of Procedure for Proceedings before the Hearing Examiner of the City of Spokane Valley,
Washington.
Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,sentence, clause, or
phrase of this Ordinance.
Ordinance 22-012—Hearing Examiner Related Regulations Page 41 of 42
Section 10. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 28t1' day of June,2022.
A ES : —
� Pam Haley, Ma
/
Christine Bainbridge, City Clerk
Approved as to Form:
e of the City Attorney
Date of Publication:
Effective Date: 9-/3
Ordinance 22-012—Hearing Examiner Related Regulations Page 42 of 42
Exhibit 1 to Ordinance 22-012
APPENDIX B
RULES OF PROCEDURE FOR
PROCEEDINGS BEFORE THE HEARING EXAMINER
OF THE CITY OF SPOKANE VALLEY, WASHINGTON
Purpose
These Rules of Procedure are intended to facilitate orderly hearings and appeals of administrative
decisions pursuant to the Spokane Valley Municipal Code (SVMC). These rules shall be read in
conjunction with the SVMC. Any conflict between these Rules of Procedure and the SVMC will
be resolved in favor of the SVMC. These rules seek to ensure due process for hearings. Rules
may be waived, at the Hearing Examiner's discretion, in order to promote hearing fairness and
efficiency. Chapter I contains rules of general applicability. Chapter II sets forth rules for non-
appeal hearings, and Chapter III sets forth rules for appeal hearings.
Chapter I: Rules of General Applicability
Sections:
A. Definitions.
B. Jurisdiction.
C. Ex Parte Communication.
D. Nature of Proceedings.
E. Authority and Duties of the Hearing Examiner.
F. Representation at Hearings or Meetings.
G. Conflicts.
A. Definitions.
Words shall be defined as set forth in Appendix A. Additional definitions specific to Hearing
Examiner rules of procedure are provided below:
"Appellant" means a person, corporation, organization, association, or other similar group who
files a complete and timely appeal of a decision or other appealable action pursuant to the SVMC.
"Applicant" means those applying for approval of land uses or other non-land use permits, license,
or approvals pursuant to SVMC.
"Clerk to the Hearing Examiner" means a person designated to assist in the duties of the Hearing
Examiner.
"Motion" means an oral or written request made to the Hearing Examiner, for an order or other
ruling.
"Open Record Hearing" and "Open Record Appeal Hearing" shall have the same meaning as
defined in RCW 36.70B.020.
"Party of record" means:
a. The Applicant and/or any Appellant;
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Exhibit 1 to Ordinance 22-012
b. The property owner, if different than the Applicant;
c. The City;
d. Any person or public agency who individually submitted written comments to the
City prior to the closing of the comment period provided in a legal notice (land use
only or if specifically allowed by SVMC);
e. Any person or public agency submitting written comments or testifying at the open
record hearing (Land use only or if specifically allowed by SVMC); or
f. Any person or public agency who submitted to the City a written request to
specifically receive the notice of decision or to be included as a party of record prior
to the closing of an open record hearing (land use only or if specifically allowed by
SVMC).
B. Jurisdiction.
The scope of the Hearing Examiner's jurisdiction is set forth in RCW 35A.63.170 and chapter
18.20 SVMC. The Hearing Examiner shall have the authority set forth in RCW 35A.63.170 and
chapter 18.20 SVMC. The scope of this jurisdiction includes the power to issue orders and make
a decision or recommendation on an application or appeal as provided in the SVMC.
C. Ex Park Communication.
Ex parte communication with the Hearing Examiner is governed pursuant to SVMC
18.20.050.
D. Nature of Proceedings.
1. Expeditious Proceedings. Hearings shall be conducted expeditiously to the extent
practicable and consistent with legal requirements. In conducting such proceedings,
the Hearing Examiner,City staff,and all parties and their agents shall make every effort
at each stage of a proceeding to avoid delay. Subject to these rules, the Hearing
Examiner may conduct hearings in such manner as he or she determines is appropriate
to promote hearing fairness and efficiency.
2. Oath or Affirmation. All testimony before the Hearing Examiner shall be given under
oath or affirmation to tell the truth. Either the Hearing Examiner or the Clerk to the
Hearing Examiner shall administer the oath or affirmation.
3. Format. Hearings are less formal than court proceedings, yet designed to present
relevant exhibits and testimony to the Hearing Examiner and allow the orderly
development of a record. At the Hearing Examiner's discretion, hearings may be
conducted in-person, remotely, telephonically, or in such other manner as allowed or
required by law;provided that any format shall allow fair participation,testimony, and
presentation of evidence by all parties and, as may be required by law, the public.
The Hearing Examiner may impose reasonable limitations on the number of witnesses
heard, and on the nature and length of their testimony subject to any requirements for
allowance of testimony pursuant to federal, state, or local law. In appeals, cross-
examination is permitted as necessary for a full disclosure of the facts, but consistent
with fairness and due process. The Hearing Examiner shall control the amount and
2
Exhibit 1 to Ordinance 22-012
style of cross-examination in the interest of conducting an orderly and timely hearing.
The Hearing Examiner may remove or cause the removal of any person who is being
disruptive to the proceedings, or continue the proceedings if order cannot be
maintained. The Hearing Examiner shall first issue a warning if practicable.
4. Site Inspections.
The Hearing Examiner may make site inspections pursuant to SVMC 17.80.120(F).
5. Record of Hearing.
a. Hearing Examiner hearings are independent hearings before a neutral third-party
that is not party to the application or appeal at issue. The Hearing Examiner shall
establish and maintain a record of all proceedings and hearings, including creating
and maintaining an electronic recording capable of being accurately transcribed and
reproduced. Copies of the record,including the electronic recording,of a particular
proceeding shall be made available to the public within three business days of a
request. The cost of copying shall be paid by the requester. Any request for the
record of hearing pursuant to this subsection shall not be considered as being made
pursuant to chapter 42.56 RCW, the Public Records Act, unless otherwise
specifically stated by the requester.
b. Copies of any materials in the record may be obtained by any interested person,
who shall be responsible for paying the cost of reproducing such material.
c. The Hearing Examiner may authorize a party to have a hearing reported by a court
reporter and have stenographic transcription made at the party's expense. The
Hearing Examiner may also cause a hearing to be reported by a court reporter and
transcribed.
d. The Hearing Examiner shall be custodian of the hearing record and shall maintain
such record until the period for appeal of the Hearing Examiner's final decision has
expired or the record is transmitted to a court or the City Council pursuant to an
appeal of the Hearing Examiner's final decision. After the appeal period has
expired, the hearing record shall be transferred to the City.
6. Service of Documents. Except for an original filing of an appeal or as otherwise
directed by the Hearing Examiner, service or filing of any required document may be
by e-mail, or e-mail in conjunction with other electronic transmission subject to any
time limits established herein, by Hearing Examiner order, by SVMC, or state law.
Absent any otherwise established deadline, documents served shall be received on or
before 4:00 P.M. on the final day of the applicable time period in order to be considered
timely filed.
7. Reopening or Continuing Hearings.
a. Hearing Examiner. The Hearing Examiner may reopen or continue a hearing to
take additional testimony or evidence, or for other cause in the interest of efficiency
and fairness, provided a final decision has not been entered. If the Hearing
Examiner announces the time and place of a continued hearing on the record before
3
Exhibit 1 to Ordinance 22-012
the hearing is closed, no further notice is required. If the hearing is reopened after
the close of the hearing, all parties must be given at least five business days' notice
of the date,time,place, and nature of the reopened hearing. The Hearing Examiner
may reopen the record in such form and manner as deemed appropriate in the
interest of efficiency and fairness in order to provide all applicable parties an
opportunity to provide such additional testimony or evidence as identified by the
Hearing Examiner.
b. At the Request of a Party. Any party may make a motion or request for continuance
or reopening of a hearing. Motions or requests shall state the basis for the
continuance and be made as soon as reasonably possible. Motions and requests
shall be made in writing unless made at the hearing. The Hearing Examiner shall
have discretion to grant or deny the request for continuance. Any party requesting
a continuance should confer with the other parties to select a mutually agreeable
date to reopen or continue the hearing, if possible.
c. If the decision of the Hearing Examiner rests upon issues of fact or law not raised
by any party at time of hearing, the Hearing Examiner shall have discretion to
continue and/or reopen the hearing or record to a later date to allow the parties an
opportunity to comment and/or present evidence on those issues of fact or law
identified by the Hearing Examiner.
d. Continuances. Continuances granted by the Hearing Examiner shall be for a period
determined by the Hearing Examiner in his or her discretion.
E. Authority and Duties of the Hearing Examiner.
1. Authority. The Hearing Examiner shall have all of the authority and duties set forth in
RCW 35A.63.170, RCW 36.70B.120, chapter 35.80 RCW, chapter 58.17 RCW,
chapter 17.80 SVMC, chapter 17.90 SVMC, chapter 17.105 SVMC, and chapter 18.20
SVMC.
2. Interference. The Hearing Examiner shall not be subject to the supervision or direction
of any elected official, officer, employee, or agent of any municipal department in the
performance of his/her adjudicative or appellate functions.
F. Representation at Hearings or Meetings.
1. Although representation by legal counsel is not required at the hearings, any party
participating in the hearings may be represented at the hearings by legal counsel of their
choice and solely at their cost.
2. At the request of any department or the Hearing Examiner, a representative of the City
Attorney's office may be present at the hearings or meetings to advise on matters of
law and procedure.
3. Attorneys engaged in the representation of clients before the Hearing Examiner shall
conduct themselves pursuant to applicable Rules of Professional Conduct, including
the display of courtesy to other members of the bar, witnesses, and all other persons
present in the hearing room.
4
Exhibit 1 to Ordinance 22-012
4. Parties may be represented by any representative of their choosing. Any cost for the
representative shall solely be at their cost.
G. Conflicts.
These rules of procedure are adopted to supplement the requirements in the SVMC, RCW
35A.63.170, RCW 36.70B.120, and chapters 35.80 and 58.17 RCW. Any conflicts between these
rules and the provisions of the SVMC or RCW will be decided consistent with the applicable
SVMC or RCW provision.
Chapter II: Hearings on Permit Applications
This chapter applies to all hearings other than appeals, including but not limited to open record
hearings on land use permit applications.
Sections:
A. Participation by Parties and Public.
B. Scheduling and Notice of Hearings.
C. Conduct of Hearings.
D. Withdrawal of Application.
E. Dismissal of Application.
F. Recommendations/Decisions.
G. Reconsideration.
A. Participation by Parties and Public.
1. City Participation. The City shall be provided notice and the opportunity to present
evidence and testimony, object, cross-examine and make motions, arguments,
recommendations, and all other actions essential to a fair hearing.
2. Applicant Participation. The Applicant shall be provided notice and the opportunity to
present evidence and testimony, object, cross-examine, and make motions, arguments,
recommendations, and all other actions essential to a fair hearing.
3. Testifying public. Each member of the public who wishes to testify shall be provided
the opportunity to present evidence and testimony at hearings and such other matters
at the discretion of the Hearing Examiner. The Hearing Examiner may impose
reasonable limitations on the number of witnesses heard and the nature and length of
their testimony.
4. Responsibilities of City. The City shall prepare a staff report on the application in the
form and manner as identified in subsection II(C) below. Staff reports shall be
available to the public at least seven days before the hearing.
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Exhibit 1 to Ordinance 22-012
5. Responsibilities of Applicant. The Applicant shall provide the Hearing Examiner any
material that Applicant wishes to present or intends to rely upon at the hearing at least
two days prior to the hearing.
The intent of this rule and subsection II(A)(4) above is to ensure that all documents and
arguments to be relied upon by any of the principal parties in an open record hearing
before the Hearing Examiner are available for review by all other parties prior to the
open record hearing,thus avoiding"surprise" at the hearing and facilitating efficiency.
These rules will be interpreted by the Hearing Examiner to facilitate that purpose in
conformance with applicable legal requirements for open record hearings.
6. Responsibilities of All Parties, Witnesses, and Observers. Parties, witnesses, or
observers shall conduct themselves with civility and deal courteously with all involved
in the proceedings. Failure to do so may result in removal from the hearing at the
discretion of the Hearing Examiner. Testimony shall be directed to the Hearing
Examiner on the application at issue and not at other parties. Hearings are limited to
consideration of the issue before the Hearing Examiner, and are not public forums for
general public comment.
Documentary evidence may be received in the form of copies or excerpts, or by
incorporation by reference, at the Hearing Examiner's discretion. The Hearing
Examiner may require that the original of a document be produced. True and correct
copies shall also be given to the City, the Hearing Examiner, and any other party in
attendance at the hearing.
B. Scheduling and Notice of Hearings.
1. The City, in coordination with the Hearing Examiner, shall prepare an official agenda
indicating the dates and times that matters will be heard. The official agenda shall
comply with all time limits pursuant to RCW 36.70B.110 and other relevant RCW or
SVMC requirement.
2. There may be more than one case scheduled to commence at the same time,and in such
an event the Hearing Examiner shall have discretion in setting the agenda. When
practical, minor applications, such as a variance or matters that take less time, shall be
heard at the beginning of the day's agenda.
3. The Hearing Examiner may consolidate applications involving the same or related
properties for hearing.
4. Notice of Hearing—Effect of Notice.
a. Each public notice required for a hearing of an application shall conform to the
applicable statutory and SVMC requirements. The notice shall contain a statement
that the hearing will be conducted in the manner set forth in SVMC Appendix B.
b. Failure of a person entitled to receive notice to actually receive notice does not
affect the jurisdiction of the Hearing Examiner to hear the application when
scheduled and render a decision, if the notice was properly published, mailed,
and/or posted as required by law.
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Exhibit 1 to Ordinance 22-012
c. A person is deemed to have received notice if the person appears at the hearing,
submits written comments on the merits of the application, or the person fails to
object to the lack of notice promptly after the person obtains actual knowledge of
the hearing date.
d. If legally required notice is not given and actual notice is not received,the Hearing
Examiner may reschedule the hearing or keep the record open on the matter to
receive additional evidence.
C. Conduct of Hearings.
1. Content of the Record. The record of a hearing conducted by the Hearing Examiner
shall include,but not be limited to, the following materials:
a. The application;
b. The departmental staff report(s);
c. The depaitiuental file for the application, if incorporated into the record by the
Hearing Examiner;
d. All evidence received or considered by the Hearing Examiner, which shall include
oral testimony given at the hearing, all exhibits, and other materials submitted;
e. A statement of all matters officially noticed by the Hearing Examiner;
f. A decision or a recommended decision containing the findings and conclusions of
the Hearing Examiner;
g. Electronic recordings of the hearing and proceedings by the Hearing Examiner;
h. An environmental determination made pursuant to the State Environmental Policy
Act(SEPA), if applicable; and
i. An affidavit attesting to the notice given of the hearing (including dates and places
of publication and list of addresses).
2. Hearing format. A hearing generally includes, but is not limited to, the following
elements:
a. A brief introductory statement of the matter and overview of the hearing process
by the Hearing Examiner;
b. A report by the City including introduction of the official file on the application
and its procedural history, an explanation of the application, including the use of
visual aids, and the recommendation of the City on the application;
c. The submittal of testimony and documents by the Applicant;
d. Testimony by the public on the matter;
e. Rebuttal of testimony, if applicable;
f. Closing arguments;
g. An opportunity for questions by the Hearing Examiner; and
h. Closure of hearing and record.
3. Content and Form of Staff Reports. The City shall coordinate and assemble the
comments and recommendations of necessary City depaitments and commenting
agencies, and shall make a written staff report to the Hearing Examiner on all
applications. The staff report shall be distributed to the Hearing Examiner, the
Applicant, and be made available to the public at least seven calendar days prior to the
date of the scheduled public hearing. If the staff report is not timely furnished, the
Hearing Examiner may at his or her discretion continue the hearing, considering the
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Exhibit 1 to Ordinance 22-012
prejudice to any party and the circumstances of the case. The staff report shall include
the following, if relevant to the application:
a. A list of the names and addresses of the owner(s) and Applicant(s) of the subject
property and his/her property interest in the property that is the subject of the
hearing.
b. A brief summary of the requested action and the citation of the SVMC controlling
the request.
c. A common description of the subject property and a legal description of the subject
property.
d. A statement identifying applicable SVMC provisions.
e. A technical data summary of the Comprehensive Plan designation and zoning
designation of the subject property;the current development of the subject property
and the adjoining properties; topographical information; geological and soils
information; information on the vegetation on the property; and any other relevant
scientific, environmental, or engineering information that is reasonably likely to
assist the Hearing Examiner in deciding the matter.
f. The current access to the subject property from a public right-of-way, and the
proposed access to the subject property if different.
g. An in-depth analysis of the proposed project under the relevant and applicable
criteria.
h. A history of the requested action and a history of the development of the
surrounding properties. In making the analysis, City staff shall refer to applicable
SVMC provisions as often as possible.
i. A summary of any other requested land use permits on the property and in the area.
j. A description of the compatibility and impact of the proposal on the existing
development in the immediate vicinity to the proposed project, and the probable
character of the proposed project.
k. A summary of the reports or recommendations of any other agencies consulted.
1. Appropriate maps of the subject property. If photographs of the site are available,
the Applicant is encouraged to provide color reproductions that shall become part
of the staff report.
m. The determination of any SEPA analysis or other environmental review.
n. Staff conclusions and recommendations, based upon applicable RCW and SVMC
approval criteria.
The Hearing Examiner may make recommendations to the City on the format and
content of staff reports submitted to the Hearing Examiner.
4. Evidence.
a. Burden of Proof. The Applicant shall have the burden of proof to show an
application meets applicable federal, state, and local laws for approval
requirements.
b. Admissibility. The hearing generally will not be conducted in strict adherence to
Rules of Evidence, but evidentiary rules may be used for guidance. Any relevant
information and material shall be admitted if it possesses probative value
commonly accepted by reasonably prudent persons in the conduct of their affairs.
The Hearing Examiner may exclude all evidence that is irrelevant, immaterial, or
unduly repetitious. The rules of privilege shall be effective to the extent recognized
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Exhibit 1 to Ordinance 22-012
by law. The Hearing Examiner shall have discretion on the admissibility of all
evidence. The Hearing Examiner shall give such weight to the evidence submitted
as he or she deems appropriate and as may be required by law.
c. Copies. Documentary evidence may be received in the form of copies, excerpts, or
incorporation by reference at the Hearing Examiner's discretion. The Hearing
Examiner may require an original and it shall be provided to the Hearing Examiner.
Parties shall provide copies of all evidence submitted to the Hearing Examiner to
all other parties. Upon request, parties shall be given an opportunity to compare
the copy with the original.
d. Judicial Notice. The Hearing Examiner may take judicial notice of judicially
cognizable facts;federal,state,and local laws,ordinances, or regulations,the City's
Comprehensive Plan and other adopted plans or policies of the City; and may take
notice of general, technical, or scientific facts within his or her specialized
knowledge, so long as any noticed facts are included in the record and referenced
or are apparent in the Hearing Examiner's final decision. The Hearing Examiner
shall not take notice of disputed adjudicative facts that are at the center of a
particular proceeding.
e. The Hearing Examiner may occasionally request material to be filed after the close
of testimony. Only those items referred to at the hearing and specifically requested
by the Hearing Examiner may be submitted in this manner. Nothing in this
subsection allows any ex parte submission of any document or communication to
the Hearing Examiner. All parties shall have the opportunity to address, respond,
and/or provide responsive documents as may be allowed by the Hearing Examiner.
f. The Hearing Examiner may call witnesses and request written evidence in order to
obtain the information necessary to make a decision. The Hearing Examiner may
also request written information from or the appearance of a representative from
any City department necessary to make a decision.
g. Additional evidence may only be submitted upon a request for reconsideration
based on the discovery of new evidence which could not reasonably be available at
the time of the hearing. If additional evidence is submitted with a request for
reconsideration, it will only be considered upon a showing of significant relevance
and good cause for delay in its submission. All parties shall be given notice of the
consideration of such evidence and granted an opportunity to review such evidence
and file rebuttal arguments.
h. All parties shall be allowed an opportunity to make a record of evidence admitted
or denied during the course of the hearing. This record shall include offers of proof.
D. Withdrawal of Application.
If a withdrawal request by the applicant is made to the Hearing Examiner before the Hearing
Examiner issues a final decision, the Hearing Examiner shall dismiss the application. If so
dismissed, then a new application may be submitted by the Applicant and appropriate fees paid
therefor as if the withdrawn application had never been submitted.
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Exhibit 1 to Ordinance 22-012
E. Dismissal based on Changed Application or Failure to Participate.
1. The Hearing Examiner shall conduct the public hearing based on the completed
application and applicable federal state, and local laws. If the Hearing Examiner
determines that the application or proposal has been substantially changed since it was
deemed complete, the Hearing Examiner shall dismiss the application without
prejudice and direct that a new application be submitted by the Applicant and
appropriate fees paid therefor. If the Hearing Examiner determines that the application
or proposal has been changed but not substantially,the Hearing Examiner may continue
the hearing to give reviewing agencies an opportunity to review the changes made and
make recommendations deemed to be necessary under applicable rules and regulations.
2. The Hearing Examiner may dismiss an application for failure by the applicant to attend
required hearings or provide requested information.
F. Recommendations/Decisions.
1. Written Decisions. The Hearing Examiner shall prepare and issue a written report of
findings, conclusions, and decision and forwarded to all parties within the time period
necessary to comply with applicable permit review time periods set forth in RCW
36.70B.080 and SVMC 17.80.130, unless a longer time period is mutually agreed to in
writing by the Applicant, City, and the Hearing Examiner. Generally, final decisions
shall be made within 20 calendar days following the conclusion of all testimony and
hearings. Notice of the decision shall be provided pursuant to SVMC 17.80.130(E)
and RCW 36.70B.130.
3. Content of Recommendation/Decision.
a. The Hearing Examiner's recommendation or decision;
b. Any conditions included as part of the decision or recommendation;
c. Findings of fact upon which the decision or recommendation, including any
conditions, was based. The findings shall be based exclusively on the evidence
presented in the hearing and those matters officially noticed. A statement of any
threshold determination made upon chapter 43.21 RCW shall be included;
d. Conclusions, which shall include a resolution of all the issue(s) based upon the
findings. The conclusions may reference legal criteria, if applicable, and shall set
forth the manner in which the decision is consistent and/or would carry out the
Comprehensive Plan and the SVMC, and include the contents set forth in SVMC
17.80.130(D). If the SVMC so provides, the conclusions may refer to the effect of
both approval and denial on property in the vicinity, on businesses,if relevant, and
on the general public; and
e. The date of the decision and time period for appeal, if any is allowed.
G. Reconsideration.
1. Any aggrieved party may file a written petition for reconsideration with the Hearing
Examiner within 10 calendar days following the date of the Hearing Examiner's written
decision. The date shall be the date from which appeal deadlines are calculated. The
petitioner seeking reconsideration shall mail or otherwise provide a copy of the petition
for reconsideration to all parties on the date of filing. The timely filing of a petition for
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Exhibit 1 to Ordinance 22-012
reconsideration shall stay the Hearing Examiner's decision until such time as the
petition has been disposed of in writing by the Hearing Examiner. For purposes of
appeals, all appeal periods shall be reset to the date of the Hearing Examiner's decision
on the petition for reconsideration.
2. The grounds for seeking reconsideration shall be limited to the following:
a. The Hearing Examiner exceeded the Hearing Examiner's jurisdiction;
b. The Hearing Examiner failed to follow the applicable procedure in reaching the
Hearing Examiner's decision;
c. The Hearing Examiner committed an error of law;
d. The Hearing Examiner's findings, conclusions, and/or conditions are not supported
by the record; or
e. New evidence which could not reasonably have been produced and which is
material to the decision is discovered.
3. The petition for reconsideration shall:
a. Contain the name,mailing address,and daytime telephone number of the petitioner,
or the petitioner's representative, together with the signature of the petitioner or of
the petitioner's representative;
b. Identify the specific findings, conclusions, actions, and/or conditions for which
reconsideration is requested;
c. State the specific grounds upon which relief is requested;
d. Describe the specific relief requested; and
e. Where applicable, identify the specific nature of any newly discovered evidence or
changes proposed and its relevance to the issues before the Hearing Examiner.
4. The petition for reconsideration shall be decided by the same Hearing Examiner who
rendered the decision, if reasonably available. The Hearing Examiner shall provide
notice of the decision on reconsideration to all parties. Within 14 calendar days of
receipt of the petition for reconsideration, the Hearing Examiner shall:
a. Deny the petition in writing;
b. Grant the petition and issue an amended decision pursuant to
SVMC 17.80.130 following reconsideration;
c. Accept the petition and give notice to all parties of record of the opportunity to
submit additional written comment. Parties shall have 10 calendar days from the
date of such notice in which to submit written comments. The hearing examiner
shall either issue a decision pursuant to SVMC 17.80.130, or issue an order within
15 calendar days after the close of the comment period setting the matter for further
hearing. If further hearing is ordered, the Hearing Examiner's office shall mail
notice not less than 15 calendar days prior to the hearing date to all parties; or
d. Accept the petition and set the matter for further open record hearing to consider
new evidence, proposed changes in the application and/or the arguments of the
parties. Notice of such further hearing shall be mailed by the Hearing Examiner's
office not less than 15 calendar days prior to the hearing date to all parties of record.
The Hearing Examiner shall issue a decision following the further hearing pursuant
to SVMC 17.80.130.
5. A decision which has been subjected to the reconsideration process shall not again be
subject to reconsideration; provided, that a decision which has been revised on
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Exhibit 1 to Ordinance 22-012
reconsideration from any form of denial to any form of approval with preconditions
and/or conditions may be subject to further reconsideration.
6. The Hearing Examiner may consolidate for action, in whole or in part, multiple
petitions for reconsideration of the same decision where such consolidation would
facilitate procedural efficiency.
7. Clerical mistakes and errors arising from oversight or omission in Hearing Examiner
decisions may be corrected by the Hearing Examiner at any time either on the Hearing
Examiner's initiative or on the motion of a party. A copy of each page affected by the
correction,with the correction clearly identified, shall be mailed to all parties of record.
This shall not extend the appeal period from the decision.
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Exhibit 1 to Ordinance 22-012
Chapter III: Rules of Appeal of Administrative Decisions
This chapter applies to appeals of administrative decisions that approve, deny, or condition a land
use permit application or that are otherwise designated by SVMC as appealable to the Hearing
Examiner, including SVMC 17.90.010.
Sections:
A. Filing.
B. Notice of Hearing.
C. Dismissal.
D. Prehearing Orders.
E. Party's Representative Required.
F. Withdrawal.
G. Participation by Parties.
H. Default.
I. Conduct of Appeal Hearings.
J. Hearing Examiner's Decision.
A. Filing.
1. Compliance with Rules. All appeals shall comply with these rules and with the
requirements established in the applicable federal, state, or local law under which the
appeal is filed.
2. Timeliness. A complete appeal shall be filed within 14 calendar days of the issuance
of the decision being challenged unless another appeal period is stated in RCW or
SVMC, in which case that appeal period shall control. To be considered timely, the
appeal shall be filed no later than 4:00 P.M. on the day the appeal period expires. The
complete appeal shall be filed in writing with the Building Official or designee unless
SVMC specifically states otherwise.
3. Fee. Any filing fee required by the then-current Master Fee Schedule shall accompany
an appeal at the time of filing.
4. Contents. A complete appeal shall be in writing and contain at least the following:
a. A brief statement as to how the Appellant is significantly affected by or interested
in the matter appealed;
b. A brief statement of the Appellant's issues on appeal, noting appellant's specific
exceptions and objections to the decision or action being appealed;
c. The specific relief requested, such as reversal or modification;
d. Signature, address, and phone number of the Appellant, and name and address of
Appellant's designated representative, if any;
e. Full filing fee; and
f. Any other information required pursuant to SVMC 17.90.040 or other applicable
RCW or SVMC requirements.
Any appeal issue not identified or raised in the appeal shall be considered untimely and
shall be deemed waived.
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Exhibit 1 to Ordinance 22-012
5. Appeal Hearing Date. All complete appeals submitted and allowed pursuant to the
SVMC shall be scheduled for hearing within 90 calendar days from the date of
submission. Further extensions are permitted upon mutual agreement of the appellant,
the applicant, and the City or by motion of a party.
6. Frequency. Hearings will be scheduled through City staff in coordination with the
Hearing Examiner. There may be more than one case scheduled to commence at the
same time, and in such an event the Hearing Examiner shall have discretion in setting
the agenda.
7. Appeal arguments. In order to promote efficiency, the parties shall submit written
arguments prior to any hearing. Unless otherwise provided by the Hearing Examiner,
written arguments shall be submitted as follows:
a. Appellant shall submit a brief or material in support of the appeal at least 21
calendar days before the date set for hearing. Appellant's brief or material shall
expand upon the issues raised in the appeal application and explicitly set forth
alleged errors of law, fact, or procedure, or the discovery of new facts that were not
reasonably available at the time the City's decision or action. It shall also include
all evidence to be relied upon by the Appellant in support of its appeal. Evidence
to be presented at the hearing shall be identified in the submitted material.
b. The City shall submit a response brief or material, including, as may be necessary,
a staff report, at least seven calendar days prior to the hearing. The City's response
shall identify the basis for the decision or issue being appealed. It shall include all
evidence to be relied upon by the City in support of its response. Evidence to be
presented at the hearing shall be identified in the response.
The City may prepare a staff report in accordance with SVMC 17.90.060 or as
applicable 17.105.070. Any staff report shall be in the form and contain the
information identified in Ch. II(C)(3) above.
c. The Hearing Examiner may allow reply briefs or material or otherwise modify the
schedule for submission of arguments as necessary for hearing efficiency or in the
interest of fairness.
d. Briefs or written material shall not exceed 15 pages in length, double-spaced with
12 or 14 point type size, excluding declarations and evidence. The Hearing
Examiner may, in the Hearing Examiner's discretion, waive or modify these page
limits at the request of either of the parties (or a party of record in the event of a
SEPA appeal)to accommodate complex legal and factual issues.
e. Briefs shall be limited to the specific issues set forth in the Appellant's statement
of appeal except that jurisdictional and other procedural type challenges may be
raised in the City's response brief.
7. Motions. A party to the proceeding may present a motion to the Hearing Examiner.
All motions shall be presented in writing and clearly noted as a motion. Motions may
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Exhibit 1 to Ordinance 22-012
be decided without a hearing at the Hearing Examiner's discretion, or may be presented
at a scheduled hearing, as set forth in a prehearing order, or by filing with the Clerk to
the Hearing Examiner and serving the motion on the other parties at least five business
days prior to the scheduled hearing date unless leave to shorten time is granted by the
Hearing Examiner. Notice of the motion and a copy of it shall be given to all other
parties of record on the day it is filed. Motions and responses to motions shall not
exceed 10 double-spaced pages with 12 or 14 point type size in length without prior
approval of the Hearing Examiner.
8. Proposed Findings and Conclusions. The Hearing Examiner may request proposed
findings and conclusions from either party.
9. Service of Documents. Except for an original filing of an appeal, e-mail and any other
method agreed to in writing by the parties is allowed for service and filing of all
documents subject to any time limits established herein or by SVMC, WAC, or RCW.
Absent any otherwise established deadline, documents served by e-mail shall be
received on or before 4:00 P.M. on the final day of the applicable time period in order
to be considered timely filed.
B. Notice of Hearing.
1. Contents. Notice of the appeal hearing shall be mailed and emailed(if available)to the
Appellant and the applicant, if different than the Appellant, and shall conform to the
applicable provisions of the SVMC.
2. Time. Notice of the hearing shall be given within the time required by SVMC. If the
time for notice of hearing is not specified by the SVMC, minimum notice shall be at
least 35 calendar days before the date required for Appellant's appeal brief.
3. Responsibility. The City shall be responsible for serving notice of hearing for appeals
to all parties of record. If the notice of hearing is not timely provided, the Hearing
Examiner may reschedule the hearing.
4. Record of Notice. A copy of the notice of hearing shall be made part of each case
record.
C. Dismissal.
1. An appeal may be dismissed without a hearing if the Hearing Examiner determines that
it fails to state a claim for which the Hearing Examiner has jurisdiction to grant relief,
or it is without merit on its face, frivolous, or brought merely for the purpose of delay.
2. Any party may request dismissal of all or part of an appeal at any time with notice to
all parties. The Hearing Examiner may make a ruling on a motion to dismiss based
upon written arguments or may call for oral arguments to supplement the written
arguments.
3. When the decision or action being appealed is withdrawn by the issuing department,
the appeal becomes moot and shall be dismissed.
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Exhibit 1 to Ordinance 22-012
D. Prehearing Orders.
1. At the Hearing Examiner's discretion, or at the request of a party having standing, a
prehearing order may be issued to:
a. Identify, clarify, and simplify the issues;
b. Decide prehearing motions;
c. Establish a schedule for the hearing process, including orders for the exchange of
briefs relating to the appeal; and
d. Address other matters determined by the Hearing Examiner to be appropriate for
the orderly and expeditious disposition of the proceedings.
2. The prehearing order may be circulated via e-mail or other means agreed by the parties.
3. Prehearing orders may not be appealed.
4. At the Hearing Examiner's discretion, or at the request of a party with standing, a
prehearing conference may be held to facilitate the issuance of the prehearing order.
Holding a prehearing conference is not required for the issuance of a prehearing order.
a. All parties shall receive notice of the prehearing conference.
b. The prehearing conference may take place via telephone or videoconference
equipment.
c. All parties of record have the right to be represented at any prehearing conference,
but such representation is not required.
E. Party's Representative Required.
When a party consists of more than one individual, or is a group, organization, corporation, or
other entity, the party shall designate an individual to be its representative and inform the Hearing
Examiner of the name,address,and telephone number of that designated representative. The rights
of the Appellant shall be exercised by the person designated as the party representative. Notice or
other communication to the party representative is considered to be notice or communication to
the party.
F. Withdrawal.
1. Only an Appellant may withdraw an appeal.
2. Where an appeal is made by several persons, a group, organization, corporation, or
other entity, withdrawal may only be made by the person designated as the party
representative.
3. An Appellant's request to withdraw shall be granted as a matter of right and the appeal
dismissed.
G. Participation by Parties.
1. A party may designate a representative,which may be an attorney. That representative
shall be the sole person to act on behalf of a party for all purposes of the appeal.
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Exhibit 1 to Ordinance 22-012
2. All parties and other participating in and observing hearings shall conduct themselves
with civility and deal courteously with all persons involved in the proceedings.
Testimony shall be directed to the Hearing Examiner on the application at issue and
not at other parties. Appeal hearings are limited to consideration of the issues on
appeal, and are not public forums for general public comment.
3. Rights of Appellant. Every Appellant shall have the right to notice, present evidence
and testimony, cross-examination, objection, and make motions, arguments,
recommendations, and all other rights essential to a fair hearing.
4. Rights of City. The City shall have the right to notice,present evidence and testimony,
cross-examination,objection, and make motions, arguments,recommendations, and all
other rights essential to a fair hearing.
5. Rights of Applicant and/or Parties of Record (land use appeals or as otherwise
specifically allowed by SVMC). The Applicant and every party of record shall have
the right to present evidence and testimony at hearings. The opportunity for such
persons to cross-examine, object, submit motions, and arguments shall be at the
discretion of the Hearing Examiner.
6. Responsibilities of Applicant(if different from Appellant).
The Applicant shall provide the Clerk to the Hearing Examiner any material that the
Applicant wishes to present or intends to rely upon at the hearing at least seven calendar
days prior to the hearing unless otherwise provided herein or by separate order of the
Hearing Examiner. The intent of this rule and Ch. III(A)(6) above is to ensure that all
documents and arguments to be relied upon by any of the principal parties in an open
record appeal hearing before the Hearing Examiner are available for review by all other
principal parties prior to the open record hearing, thus preventing "surprise" at the
hearing and facilitating efficiency and fairness. These rules will be interpreted by the
Hearing Examiner to facilitate that purpose. Requirements of this section may be
modified through the prehearing order process.
7. The Hearing Examiner may impose reasonable limitations on the number of witnesses,
and on the nature and length of their testimony. Cross-examination is permitted as
necessary for a full disclosure of the facts,but consistent with fairness and due process.
The Hearing Examiner shall control the amount and style of cross-examination.
The Hearing Examiner may remove or cause the removal of any person who is being
disruptive to the proceedings, or continue the proceedings if order cannot be
maintained. The Hearing Examiner shall first issue a warning if practicable.
8. Judicial Notice. The Hearing Examiner may take judicial notice of judicially
cognizable facts; federal, state, and local laws, ordinances, or regulations, the City's
Comprehensive Plan and other adopted plans or policies of the City; and may take
notice of general, technical, or scientific facts within his or her specialized knowledge,
so long as any noticed facts are included in the record and referenced or are apparent
in the Hearing Examiner's final decision. The Hearing Examiner shall not take notice
of disputed adjudicative facts that are at the center of a particular proceeding.
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Exhibit 1 to Ordinance 22-012
9. Documentary evidence may be received in the form of copies or excerpts, or by
incorporation by reference, at the Hearing Examiner's discretion. The Hearing
Examiner may require that the original of a document be produced. True and correct
copies shall also be given to the City, the Hearing Examiner, and any other party in
attendance at the hearing.
10. Admissibility. The hearing generally will not be conducted in strict adherence to Rules
of Evidence, but evidentiary rules but may be used for guidance. Any relevant
information and material shall be admitted if it possesses probative value commonly
accepted by reasonably prudent persons in the conduct of their affairs. The Hearing
Examiner may exclude all evidence that is irrelevant,immaterial, or unduly repetitious.
The rules of privilege shall be effective to the extent recognized by law. The Hearing
Examiner shall have discretion on the admissibility of all evidence. The Hearing
Examiner shall accord such weight to the evidence submitted as he or she deems
appropriate and as may be required by law.
H. Default.
The Hearing Examiner may dismiss an appeal by an order of default where the Appellant,without
good cause,fails to appear or is unprepared to proceed at a scheduled and properly noticed hearing.
I. Conduct of Appeal Hearings.
1. Appeal hearings, although generally informal in nature, shall have a structured format
and be conducted in a manner determined appropriate by the Hearing Examiner to make
the relevant evidence most readily and efficiently available to the Hearing Examiner
and to provide the parties a fair opportunity for hearing.
2. The order of an appeal hearing will generally be as follows:
a. Hearing Examiner's introductory statement;
b. Background presentation by City (if appeal of land use application);
c. Appellant's witnesses, evidence, and argument;
d. Parties of Record(as allowed by SVMC);
e. City witnesses, evidence, and argument;
f. Applicant's presentation (if not Appellant);
g. Rebuttal witnesses; and
h. Closing argument of parties.
3. Notwithstanding any contrary provisions of the SVMC, the order of hearing may be
modified or a different order established as the Hearing Examiner deems necessary for
a clear, efficient, and fair presentation. The order of the hearing may also be modified
as agreed upon by the parties, with the Hearing Examiner's approval.
4. The order of presentation at hearing shall not alter or shift any burden(s) or
presumption(s) established by applicable law(s).
5. Testimony shall be given under oath or affirmation.
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Exhibit 1 to Ordinance 22-012
6. Burden of Proof.
a. For appeals of permit applications,unless otherwise provided by law, (i)the original
administrative decision is presumptively correct, and (ii) Appellant shall have the
burden of proof to show that the original administrative decision was issued in error of
law or that the findings, conclusions, or decision are not supported by substantial
evidence.
b. For appeals of threshold determinations under SEPA and chapter 21.20 SVMC,
unless otherwise provided by law, (i) the original administrative decision is
presumptively correct, (ii)Appellant shall have the burden of proof, and(iii)must show
that the original administrative decision was clearly erroneous.
c. For appeals of any enforcement decision, unless otherwise provided by law, (i) the
determination by City staff issuing the determination shall be accorded substantial
weight, and (ii) Appellant shall have the burden of proof to show that the original
administrative decision was issued in error of law or that the findings, conclusions, or
decision are not supported by substantial evidence.
7. Content of the Record:
The record of an appeal shall include, but is not limited to:
a. The application for appeal;
b. Departmental staff reports (if applicable);
c. The briefs and materials submitted by the Parties;
d. The applicable department file, if incorporated into the record by the Hearing
Examiner;
e. An environmental determination made pursuant to SEPA (if applicable);
f. Affidavits of notice for the hearing;
g. All evidence received or considered by the Hearing Examiner. Such evidence
includes oral testimony given at the hearing, all exhibits, and other materials
admitted as evidence including any briefs allowed by the Hearing Examiner;
h. A statement of all matters officially noticed;
i. A decision or a recommended decision containing the findings and conclusions of
the Hearing Examiner; and
j. Recordings made on electronic equipment.
The Hearing Examiner may authorize a party to have the proceedings reported by a
court reporter and have a stenographic transcription made at the party's expense. The
Hearing Examiner may also cause the proceedings to be reported by a court reporter
and transcribed.
The Hearing Examiner shall have custody of the record of appeal and shall maintain
such record until the period for appeal of the Hearing Examiner's final decision has
expired or the record is transmitted to court or the City Council pursuant to an appeal
of the Hearing Examiner's final decision. Once no longer needed for any subsequent
appeals, the record of appeal shall be transferred to the City and kept by the City in
compliance with applicable record retention requirements.
J. Hearing Examiner's Decision.
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Exhibit 1 to Ordinance 22-012
1. The Hearing Examiner's appeal decision shall be in writing, be based on the whole
record, and include, but not be limited to,the following:
a. Background. The nature and background of the proceeding, including
identification of party representatives participating in the hearing, prehearing
determinations, and other similar information.
b. Findings. The facts that the Hearing Examiner finds relevant, credible, and
requisite to the decision, based on the record of the proceedings.
c. Conclusions. Legal and factual conclusions based upon specific provisions of law
and the findings of fact.
d. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse).
2. Procedure for Reconsideration.
a. Any party of record may file a written petition for reconsideration with the Hearing
Examiner within 10 calendar days following the date of the Hearing Examiner's
written decision. The petitioner seeking reconsideration shall mail or otherwise
provide a copy of the petition for reconsideration to all parties of record on the date
of filing. The timely filing of a petition for reconsideration shall stay the Hearing
Examiner's decision until such time as the petition has been disposed of in writing
by the Hearing Examiner.
b. The grounds for seeking reconsideration shall be limited to the following:
i. The Hearing Examiner exceeded the Hearing Examiner's jurisdiction;
ii. The Hearing Examiner failed to follow the applicable procedure in reaching the
Hearing Examiner's decision;
iii. The Hearing Examiner committed an error of law;
iv. The Hearing Examiner's findings, conclusions, and/or conditions are not
supported by the record; or
v. New evidence which could not reasonably have been produced and which is
material to the decision is discovered.
c. The petition for reconsideration shall:
i. Contain the name, mailing address, and telephone number of the petitioner, or
the petitioner's representative, together with the signature of the petitioner or of
the petitioner's representative;
ii. Identify the specific findings, conclusions, actions, and/or conditions for which
reconsideration is requested;
iii. State the specific grounds upon which relief is requested;
iv. Describe the specific relief requested; and
v. Where applicable,identify the specific nature of any newly discovered evidence
and its relevance to the issues before the Hearing Examiner.
d. The petition for reconsideration shall be decided by the same Hearing Examiner
who rendered the decision, if reasonably available. The Hearing Examiner shall
provide notice of the decision on reconsideration pursuant to
SVMC 17.90.050 and 17.90.060. Within 14 calendar days, the Hearing Examiner
shall:
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Exhibit 1 to Ordinance 22-012
i. Deny the petition in writing;
ii. Grant the petition and issue an amended decision pursuant to
SVMC 17.90.060 following reconsideration;
iii. Accept the petition and give notice to all parties of record of the opportunity to
submit additional written comment. Parties of record shall have 10 calendar
days from the date of such notice in which to submit written comments. The
hearing examiner shall either issue a decision pursuant to SVMC 17.90.060, or
issue an order within 15 calendar days after the close of the comment period
setting the matter for further hearing. If further hearing is ordered,the Hearing
Examiner's office shall mail notice not less than 15 calendar days prior to the
hearing date to all parties of record; or
iv. Accept the petition and set the matter for further open record hearing to consider
new evidence,proposed changes in the application and/or the arguments of the
parties. Notice of such further hearing shall be mailed by the Hearing
Examiner's office not less than 15 calendar days prior to the hearing date to all
parties of record. The Hearing Examiner shall issue a decision following the
further hearing pursuant to SVMC 17.90.060.
e. A decision which has been subjected to the reconsideration process shall not again
be subject to reconsideration; provided, that a decision which has been revised on
reconsideration from any form of denial to any form of approval with preconditions
and/or conditions may be subject to further reconsideration.
f. The Hearing Examiner may consolidate, in whole or in part, multiple petitions for
reconsideration of the same decision where such consolidation would facilitate
procedural efficiency.
g. Clerical mistakes and errors arising from oversight or omission in Hearing
Examiner decisions may be corrected by the Hearing Examiner at any time either
on the Hearing Examiner's initiative or on the motion of a party of record. A copy
of each page affected by the correction, with the correction clearly identified, shall
be mailed to all parties of record. This shall not extend the appeal period from the
decision.
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