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HomeMy WebLinkAbout6969ORDINANCE NO. 6969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO APPEAL PROCEDURES, AND AMENDING SECTIONS 2.46.035, 2.46.160, 5.15.070, 5.22.070, 5.22.090, AND 15.76.040 OF THE AUBURN CITY CODE WHEREAS, the City Code was previously revised in part to refer certain appeals of hearing examiner final decisions to superior court(s) or other available review methods authorized by law; and WHEREAS, there remain provisions in the City Code which refer appeals to the city council for determination; and WHEREAS, there has been general question and criticism of city councils serving quasi-judicial roles and whether such a practice meets the requirements of the appearance of fairness doctrine which is a rule of law requiring government decision - makers to conduct non -court hearings and proceedings in a manner that is fair and unbiased in both appearance and fact; and WHEREAS, referring appeals or reviews to neutral magistrates in the judicial branch of government avoids the council, as the legislative body, from having to act as a quasi-judicial body ensuring trust and accountability in the city processes and procedures; and WHEREAS, consistency throughout appeal procedures within the City Code benefits the City, its residents, and creates streamlined, uniform, and fair procedures applicable to all; and WHEREAS, the law provides for jurisdiction for a limited number of appeals to the superior court under RCW 2.08.020, and provides other legal mechanisms for review -------------------------------- Ordinance No. 6969 February 3, 2025 Page 1 of 3 Rev. 2024 where the superior court does not have jurisdiction such as writs or other authorized relief; and WHEREAS, code revisions are necessary to refer appeals of the final written decision of a hearing examiner to relief through superior courts and any other available legal mechanisms, as well as clarify where hearing examiner decisions are related to application recommendations and are not final and subject to appeal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Sections 2.46.035, 2.46.160, 5.15.070, 5.22.070, 5.22.090, and 15.76.040 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6969 February 3, 2025 Page 2 of 3 Rev. 2024 EXHIBIT A - Page 1 of 10 2.46.035 Powers and areas of jurisdiction. The hearing examiner shall have the power to receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact, conclusions based upon those facts and enter decisions as provided by ordinance. Notwithstanding any other provision in the Auburn City Code, the hearing examiner's areas of jurisdiction shall include those matters contained in this chapter. A. The decision of the hearing examiner on the following matters shall be final: 1. Appeals of assessed civil penalties. (ACC 1.25.065(E)) 2. Appeals regarding the city's decision on refunds from the construction sales tax exemption. (ACC 3.60.036(F)) 3. Appeals from the planning director's denial of an application for a multifamily tax exemption (MFTE). (ACC 3.94.070(F)) 4. Appeals from the planning director's denial of an extension of a conditional certificate for MFTE. (ACC 3.94.090(B)) 5. Appeals of a dangerous dog determination. (ACC 6.35.020(D)) 6. Appeals of a decision by the planning director regarding expansion of hours for construction noise. (ACC 8.28.010(B)(8)(d)) 7. Appeals of a decision by the city engineer regarding construction permits. (ACC 12.24.090(C)) 8. Appeals of a decision by the city engineer regarding undergrounding of utilities. (ACC 13.32A.130(D)) 9. Appeals of decisions by the building official or fire code official regarding building and code violations. (ACC 15.07.130)' 10. Applications for a shoreline conditional use permit (ACC 16.08.010) (note that, by statutes, the State Department of Ecology has final approval authority). EXHIBIT A - Page 2 of 10 B. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the ^ty Gouncil as provided in this chapter consistent with ACC 2.46.160: 1. Appeals from denial, civil penalty suspension or revocation of a business license. (ACC 5.15.070 2. Appeals from denial of a rental housing business license. (ACC 5.22.070(D)) 3. Appeals from revocation or notice of intent to revoke a rental housing business license. (ACC 5.22.090(B)) C. The decision of the hearing examiner on the following matters shall be the final administrative decision of the city: 1. Appeals from the planning director's denial of a final certificate for multifamily property tax exemption (METE). (ACC 3.94.100(G)) 2. Appeals from the planning director's cancellation of a tax exemption for METE. (ACC 3.94.120(C)) 3. Appeals of a decision by the public works director regarding commute trip reductions. (ACC 10.02.120) 4. Appeals from denial of an adult entertainment establishment license, issuance or renewal. (ACC 5.30.070) 5. Appeals of a decision by the public works director regarding required public improvements. (ACC 12.64A.060) 6. Appeals of a decision by the public works director regarding system development charges. (ACC 13.41.070) 7. Hear and resolve tenant complaints against landlords regarding utility billing practices (third party billing). (ACC 13.52.050) 8. Appeals of a decision by the planning director on a relocation report and plan related to the closure of a mobile home park. (ACC 14.20.120) 9. Appeals of a decision by the floodplain administrator on floodplain development permits. (ACC 15.68.240)1 EXHIBIT A - Page 3 of 10 10. Appeals of a decision by the landmarks and heritage commission on historical designations. (ACC 15.76.040) 11. Appeals of a decision by the SEPA responsible official on threshold determinations (ACC 16.06.250) - public hearing needed. 12. Appeals from critical area review decisions. (ACC 16.10.140) 13. Applications for a reasonable use exception due to critical area regulations. (ACC 16.10,150) 14. Applications for a buffer width variance of critical areas regulations which exceeds 10 percent of a quantifiable standard (ACC 16.10.160). 15. Applications for a public agency special exception to critical area regulations (ACC 16.10.170). 16. Appeals from a decision of the planning director regarding boundary line adjustments (ACC 17.06.030). 17. Applications for a preliminary plat (ACC 17.10.050). 18. Applications for modification of standards and specifications related to a preliminary plat (ACC 17.18.010). 19. Applications for alteration of any subdivision (ACC 17.20.030). 20. Appeals from a decision of the planning director regarding site plan approval of a business park. 21. Applications for a special home occupation permit (ACC 18.60.040(A)). 22. Applications for a surface mining permit (ACC 18.62.030). 23. Appeals from a decision of the planning director regarding administrative use permits (ACC 18.64.020(A)). 24. Applications for a conditional use permit (ACC 18.64.020(B)). 25. Applications for a variance (ACC 18.70.010). EXHIBIT A - Page 4 of 10 26. Appeals from a decision of the planning director regarding administrative variances (ACC 18.70.015). 27. Applications for a special exception (ACC 18.70.020). 28. Applications for a variance in the regulatory floodplain (ACC 18.70.025). 29. Appeals from any administrative decision under ACC Title 8 Zoning (ACC 18.70.050). 30. Appeals from a decision of the planning director regarding fire impact fees (ACC 19.06.080). 31. Appeals from a decision of the director of parks and recreation regarding park impact fees (ACC 19.08.040). D. On the following matters, the hearing examiner shall enter findings of fact, conclusions of law, and recommendations to the city council: 1. Applications for vacating a subdivision or portion of a subdivision, or any land dedicated for public use, except rights -of -way associated with public streets (ACC 17.22.030). 2. Application for a business park (conceptual approval). 3. Applications for a Site -Specific Rezone, Category 1 (ACC 18.68.030(A)(1)). 4. Applications for major amendments to the Lakeland Hills PUD (ACC 18.76.130). 1 The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130. 2.46.160 Appeal of final decisions. The responsible rlirerter .,r =Any interested party affected by the hearing examiner's written final decision may appeal the decision to superior court of the GOunty in which the nrniert is Incas consistent with any applicable court rules and state law requirements or restrictions. Where state law and court rules do not provide for an appeal mechanism to superior court, an interested party may seek a writ consistent with any applicable state law requirements or any other relief provided for by law. EXHIBIT A - Page 5 of 10 5.15.070 Appeal from denial or from notice or order. A. The city hearing examiner is designated to hear appeals by applicants or licensees aggrieved by actions of the mayor, or designee, pertaining to any denial, civil penalty suspension, or revocation of business licenses, in accordance with Chapter 1.25 ACC; provided, that the hearing examiner may adopt reasonable rules and regulations for conducting such appeals. Copies of all rules and regulations so adopted shall be filed with the business license clerk, who shall make them freely accessible to the public. B. Any licensee may, within 20 days after receipt of a notice of denial of application or of a notice and order, file with the business license clerk a written notice of appeal containing the following: 1. A heading with the words: "Before the Hearing Examiner of the City of Auburn'; 2. A caption reading: "Appeal of " giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal interest of each of the appellants in the business involved in the denial or notice and order; 4. A brief statement, in concise language, of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants; 5. A brief statement, in concise language, of the relief sought, and the reasons why it is claimed the protested action or notice and order should be reversed, modified, or otherwise set aside; 6. The signatures of all persons named as appellants, and their official mailing addresses; 7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal. C. As soon as practicable after receiving the written appeal, the business license clerk shall fix a date, time, and place for the hearing of the appeal by the hearing examiner. Written notice of EXHIBIT A - Page 6 of 10 the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the business license clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at their address shown on the notice of appeal. D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not be followed. E. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal. F. Within 10 business days following conclusion of the hearing, the hearing examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the mayor, or designee, and may further impose terms as conditions to issuance or continuation of a business license; provided, that where deemed necessary by the hearing examiner, at the conclusion of the hearing or within the 10 business days following conclusion of the hearing, the hearing examiner may announce the need for a longer time -period, not to exceed 30 days, within which the written findings of fact and conclusions of law and decision shall be made. G. Any party aggrieved by the decision of the hearing examiner may appeal the decision consistent with ACC 2.46.160. to the city council by filing a WFitton notice of anneal within 10 days after receipt of the der-ision of the heaFiRg examiner, with the business, license clerk Thp bur,inpqq lorpnqp- c-lork ghall transmit a complete copy of the he i er-js record, fin4l�. and GqncluseE)ns, and decision, and all exhibits, to the Gity council and- Shall r_-ausse the appeal to ad-d-re-Se shn%nrn on the notice of appe4. H. Enforcement of any suspension or revocation of any business license, or other order of or by the mayor, or designee, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. EXHIBIT A - Page 7 of 10 I. Failure of any aggrieved party to file an appeal in accordance with the provisions of this chapter, or in accordance with any applicable laws and/or court rules, shall constitute a waiver of the right to an administrative hearing and adjudication of the denial or of the notice and order. 5.22.070 License application - Approval or disapproval procedure. The issuance of a city of Auburn business license shall be subject to the applicant and/or license holder being compliant with all the corrective actions imposed pursuant to ACC 5.22.050. The issuance and possession of such license shall not imply an automatic issuance or license renewal in subsequent years. The department shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall: A. Adopt all forms and prescribe the information required to implement this chapter; B. Submit all applications to department heads or designee of the city of Auburn building, fire, planning and police departments; C. Notify any applicant of the acceptance or rejection of his/her application and shall, upon denial of any license, state in writing the reasons therefor, the process for appeal and deliver them to the applicant; D. Deny any application for license upon written findings that the granting would violate this chapter. A violation of this chapter shall be considered to be detrimental to the public peace, health or welfare: 1. Whenever any such license is denied the applicant may within 15 calendar days from date of action file written notice of appeal to the city's hearing examiner. Action of the hearing examiner may be appealed 15 calendar days from date of action to the city co, incil nrl aGtiOR of the roi 1nril shall be ronrll ISiye and not s bjert to review consistent with ACC 2.46.160. EXHIBIT A - Page 8 of 10 2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. 5.22.090 License — Revocation. A. Any license issued under the provisions of this chapter maybe revoked by the mayor or designee for any reason if the further operation thereof would be in violation of this chapter and therefore detrimental to public peace, health or welfare. Any license issued under the provisions of this chapter may also be revoked in the following circumstances: 1. The license was obtained through fraud or misrepresentation of fact; 2. The owner or manager has been convicted of a crime, or suffered civil judgment or is the subject of a consent decree which bears a direct relationship to the rental housing business; 3. The owner or manager takes action or contributes to action in violation of the city's zoning codes or development regulations, or commits or permits a public nuisance on the premises licensed pursuant to this chapter; 4. When the owner/manager's inaction or failure to correct an identified threat to public health and safety reasonably puts other tenants or neighboring property owners/occupants at risk; 5. Failure of the owner and/or manager to comply with any or all federal, state and local laws and regulations that bear a direct relationship to the conduct of the business licensed pursuant to this chapter. B. Except in the case of emergency due to significant physical danger to one or more tenants, a notice of intent to revoke the business license shall be mailed to the owner and posted on the premises at least 30 days in advance of the effective date for revocation. in the case of emergency described above the notice of intent to revoke shall be provided to the owner and posted on the premises as early as possible. The premises shall be completely vacated upon the date the revocation becomes effective unless the city determines that there is no imminent EXHIBIT A - Page 9 of 10 physical danger to the tenants. If the city determines that there is no imminent physical danger they may make arrangements with the tenants to continue to reside on the premises for a reasonable amount of time in order to allow time for orderly relocation. Whenever any such license is revoked or notice of impending revocation is sent out, the licensee may within 15 calendar days from date of action file written notice of appeal to the city's hearing examiner. Action of the hearing examiner may be appealed within 15 days from date of -action to the city roe inril nrl aGtiGR of the roi mril shall be ronrh u-siye and not s bjeGt to Feyiew consistent with ACC 2.46.160. 15.76.040 Appeal procedure. A. Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may, within 35 calendar days of mailing notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness, appeal such decision in writing to the hearing examiner pursuant to Chapter 2.46 ACC. The written notice of appeal shall be filed with the planning director and shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and argument. B. If, after examination of the written appeal and the record, the examiner determines that: 1. An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration, or, if the city ce, incil determiner, that; 2. The decision of the commission is based on an error in judgment or conclusion, it may modify or reverse the decision of the commission. C. The examiner's decision shall be based solely upon the record; provided, that the examiner may at their discretion publicly request additional information of the appellant, the commission or the planning director. D. The examiner shall take final action on any appeal from a decision of the commission by entering written findings of fact and conclusions of law from the record and reasons therefrom which support its action. The examiner may adopt all or portions of the commission's findings and conclusions. EXHIBIT A - Page 10 of 10 E. The decision of the examiner is final unless an appeal is filed pursuant to ACC 2.46.160. An- appeal R;ay also be filed by the King County landrn-ark-q anc-i heritage corn.m.issin—n to- t__he- n1-+nning dirertor, Who In411 fnnni-rd the anneal to the rifir roi inril ZIM He -