Ordinance 03-057 Establishes Hearing Examiner Office, System, Jurisdiction, Rules & Regulations CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 57
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ESTABLISHING THE OFFICE OF HEARING EXAMINER, ADOPTING A HEARING
EXAMINER SYSTEM, CONFERING JURISDICTION AND PROVIDING FOR RULES
AND REGULATIONS.
WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003:
WHEREAS, the City of Spokane Valley will adopt an Interim Comprehensive Plan and
related Development Regulations to guide land use development in the City;
WHEREAS, the City Council believes a hearing examiner process will facilitate land use
decisions, code interpretations and appeals of City action; and
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. Purpose. The purpose of this ordinance is to establish the authority and
process for regulatory hearings which will provide:
A. A prompt opportunity for a hearing and decision on certain land use permits,appeals,
alleged violations of land use regulations,and such other matters as may be assigned to the hearing
examiner.
B. Procedural due process and the appearance of fairness by conducting hearings before
a fair and impartial examiner competent in the fields of land use and regulatory requirements.
Section 2. Office Created-Duties. Pursuant to RCW 35A.63.170,RCW 36.70B.120(3)
and RCW Chapter 58.17, the Office of Hearing Examiner("Examiner") is created. The Examiner
will conduct hearings, interpret, review and implement land use regulations and other regulatory
requirements, make decisions and orders and perform such other duties as may be assigned. The
term "Examiner" includes deputy examiner, examiner pro tern, or substitute examiner.
The legal effect of the Hearing Examiner decisions shall, depending on the matter, be: (a)a
recommendation to the City Council;(b)an administrative decision appealable to the City Council or
Superior Court; or(c) a final decision of the City Council.
Section 3. Appointment. The Examiner will be appointed through lnterlocal Agreement
private contract, or be an employee of the City.
Section 4. Removal. The Examiner may be removed from office at any time for just
cause by an affirmative vote of a majority of the whole membership of the Council.
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Section 5. Qualifications. The Examiner will be appointed solely with regard to
qualifications for the duties of the office and must have training and experience in land use planning
and zoning issues including a license to practice law in the State of Washington. The experience
must qualify the person to conduct administrative and quasi-judicial hearings and to discharge other
conferred functions. The Examiner will hold no other elective or appointive office or position in the
City.
Section 6. Compensation. If the Examiner is appointed through an lnterlocal Agreement
or private contract compensation will be as negotiated between the City and the Examiner and/or the
Examiner's employer. If the Examiner is a City staff position,compensation shall be as set forth in
the City's salary schedule.
Section 7. Powers: The Examiner shall receive and examine available information,
including environmental documents, administer oaths and affirmations, examine witnesses, rule
upon offers of proof,conduct public hearings and prepare a record thereof,and enter findings of fact,
conclusions of law, and decisions on:
a) Appeals from any decision of the Department of Planning in the administration
and enforcement of the Development Regulations (Zoning Code) or other land
use code or regulation where an appeal to the Hearing Examiner is specifically
authorized;
b) Applications for conditional use permits and suspension or revocation of such
permits;
c) Applications for variances;
d) Preliminary plat applications;
e) Appeals of State Environmental Policy Act determinations;
f) Plat vacations and alterations; •
g) Application for shoreline permits;
h) Applications for any other identified land use regulatory permits which may be
required by ordinance; and
i) Applications for site-specific zone changes and planned unit development;
j) Applications for a change of conditions or modification to an approved zone
change,preliminary plat,conditional use permit or other application requiring a
public hearing; and
k) Any other matters that the City Council may refer by Motion or ordinance,
• specifically declaring the matter may be heard by the Hearing Examiner.
Section 8. Freedom From improper Influence. No person shall attempt to influence the
Examiner in any matter pending before the Examiner,except publicly at a public hearing duly called
for such purpose,or to interfere with an Examiner in the performance of the Examiner's duties in any
other way; provided, that this section will not prohibit the City Attorney from rendering legal
services to the Examiner.
Section 9. Conflict of Interest. The Examiner shall not conduct or participate in any
hearing, decision or recommendation in which the Examiner has a direct or indirect substantial
financial interest, or concerning which the Examiner has had substantial prehearing contacts with
proponents or opponents wherein the issues were discussed; nor, on appeal from or review of an
Examiner decision, shall any member of the legislative body who has such an interest or has had
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such contacts participate in the consideration thereof. This is not intended to prohibit necessary or
proper inquiries on matters such as scheduling and procedure,but any such contacts are to be entered
into the official record of the proceeding. Whenever possible, such inquiries and the responses to
such inquiries shall be in writing.
The office of the Examiner will be separate from and not a part of the Planning Department.
Section 10. Rules. The Examiner will prescribe rules for the scheduling and conduct of
hearings and other procedural matters related to the duties of his office.The rules for a hearing will
provide for the taking of sworn testimony and rebuttal, and may authorize the Examiner to limit the
time allowed to parties testifying on an equal basis and time limits on rebuttal. Cross examination of
witnesses may be allowed by the Examiner. The rules shall be approved by the City Council.
Section 11. Decision-Legal Effect. The Examiner will receive and examine available
information, make site visits, take official notice of matters, conduct public hearings, prepare a
record thereof, and enter findings, decision or recommendations as provided in this section.
A. The decision of the Examiner on the following matters shall be final and conclusive
and have the effect of a final decision of the City Council.
1. Applications for variances;
2. Conditional use permits;
3. Special use permits;
4. Shoreline Permits, when a public hearing is required;
5. Appeals from any administrative decision of the Department of Planning in
the administration or enforcement of the Zoning Code or other land use code
or regulation;
6. Appeals on State Environmental Policy Act determinations.
E. The decision of the Examiner on the following matters shall be given the effect of an
administrative decision appealable to the City Council:
1. Site specific zone changes of property, including any environmental
determination(under SEPA);
2. Planned unit developments, including any environmental determination
(under SEPA);
3. Preliminary plats,including any environmental determination(under SEPA);
and
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4. Any other applications or appeals that the City Council may refer by motion
or ordinance, specifically declaring the Hearing Examiner can be appealed to
the City Council..
C. The decision of a matter listed in Paragraph A above, except for a shoreline permit,
shall be given the effect of an administrative decision appealable to the City Council, if it is related
to a decision on a matter listed in Paragraph 13 that was heard concurrently and that is appealed to the
City Council.
D. In addition to the powers set forth herein, the Examiner may:
1. Regulate the course of the hearing in accord with this ordinance and other
applicable laws and rules;
2. Hold conferences for the settlement or simplification of issues by consent of
the parties;
3. Dispose of procedural requests or similar matters;
4. Take such other action authorized by ordinance.
D. The Examiner is hereby empowered to act in lieu of the Board of Adjustment, the
Planning Commission, and such other official,boards or commissions as may be assigned,for land
use issues listed in Section 9, and other land use issues authorized by the City Council. Wherever
existing ordinances, codes or policies authorize or direct the City Council, Board of Adjustment,
Planning Commission or other official,boards or commissions to undertake certain activities which
the Examiner has been assigned,such ordinances,codes or policies will be construed to refer to the
Examiner.
Section 12. Land Use issues-Report of Planning Department. On any land use or
regulatory matter coming before the Examiner, the Planning Department will coordinate and
assemble the review of other City Departments,governmental agencies,and other interested parties
and will prepare a report summarizing the factors involved and the Department's findings and
recommendations. At least five calendar days prior to the scheduled hearing,the report will be filed
with the Examiner and copies thereof mailed to the applicant and made available for public
inspection. Copies thereof will be provided to interested parties upon payment of reproduction costs.
In the event that information to be provided by the applicant or other parties,outside of City control,
has not been provided in sufficient time for filing five days in advance of the hearing, the Hearing
Examiner may reschedule the hearing and notify interested parties.
Section 13. Report to and Meeting with Planning Commission and City Council. The
Examiner must report in writing to and, if requested,meet with the Planning Commission and City
Council at least mutually for the purpose of reviewing the administration of the land use policies and
regulatory ordinances,and any amendments to City ordinances or other policies or procedures which
would improve the performance of the Examiner process. Such report may include a summary of the
Examiner's decisions since the last report.
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Section 14. Reconsideration. Any aggrieved person upon good cause that the decision of
the Examiner is based on erroneous procedure, error or law or fact, error in judgment, or the
discovery of new evidence which could not have been reasonably available at the hearing,may make
a written request for reconsideration by the Examiner within ten(10)days of the date the decision is
rendered. This request must set forth the specific errors or new information relied upon by such
appellant. The Examiner may after review of the record and materials take further action as
appropriate.
Section 15. Appeals. Unless provided otherwise by this Ordinance or statute(see RCW
Chapter 36.70C and RCW Chapter 90.58),any aggrieved person may submit a written appeal of the
Examiner's Decision to the Council within fourteen (14) calendar days from the date the final
decision of the Examiner is rendered. The Council shall hold a closed-record hearing on the appeal.
Such written appeal shall allege specific errors of law or fact, specific procedural errors or
errors in the interpretation of the Comprehensive Plan or development regulations.
Upon such written appeal being filed within the time period allotted and upon payment of
fees as required,a hearing will be held by the City Council. Such hearing will be held in accord with
appeal procedures adopted by the City Council. If the Examiner has recommended approvals of the
proposal, such recommendation will be considered by the City Council at the same time as the
consideration of the appeal. The Examiner's decision will be presumed to be correct and supported
by the record and law.
Section 16. Incorporation By Reference. Pursuant to RCW 35A.12.140, the City of
Spokane Valley incorporates by reference Spokane County Resolution 96-0294,attached hereto to
the extent it is not inconsistent with this Ordinance. Said Resolution will be of no further effect upon
the adoption of the rules specified in Section 10 of this ordinance. In the event of an inconsistency
between this Ordinance and the above Spokane County Resolutions,this Ordinance and other City
Ordinances and rules shall supersede and control.
Section 17. 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.
Section 18. Effective Date. This Ordinance shall be in full force and effect five (5)days
after publication of the Ordinance Summary, and on the date of incorporation.
PASSED by the City Council this old day of March, 2003.
•1 \1 )Mayor, Michael DeVleming
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ATTEST:
AL
Interim City Clerk, Ruth Muller
Approved as to Form:
to m City y, Stanle M. Schwartz
Date of Publication: f1• .k 2 7r 2663
Effective Date: 3t °7 U643
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