HomeMy WebLinkAbout6184ORDINANCE NO.6 1 8 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 14.02.020, 14.02.090, 14.03.030,
14.03.040, 14.03.050, 14.13.020, AND 14.20.120 OF
THE AUBURN CITY CODE RELATING TO
APPEALS
WHEREAS, the current provisions of the Auburn City Code provide
various instances where appeals of decisions are heard by the Auburn City
Council; and
WHEREAS, in order to allow the City Council greater flexibility in
addressing its legislative roles, and having more uninhibited contact with citizens
and constituents, there is an advantage to having appeals heard by the hearing
examiner and superior court, rather than the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 14.02.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.02.020 Closed record appeal.
"Closed record appeal" means an administrative appeal to the city council
or any agency thereof, as specified in applicable codes, of a decision or
recommendation issued by the hearing examiner following an open record
hearing conducted by the hearing examiner on a project permit application. The
appeal is on the record with no or limited new evidence or information allowed to
be submitted. Argument of the appeal is allowed from the record, this may
include comments from the record or questions regarding the record. (Ord. 4835
§ 1, 1996.)
Ordinance 6184
September 30, 2008
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Section 2. Amendment to City Code. That section 14.02.090 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.02.090 Quasi-judicial decision.
A "quasi-judicial decision" is one where action is taken by the hearing
examiner or city council or any agency thereof which determines the legal rights,
duties, or privileges of specific parties and which may be contested. (Ord. 4835 §
1, 1996.)
Section 3. Amendment to City Code. That section 14.03.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.03.030 Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing
examiner following a recommendation by staff. Type
III decisions include, but are not limited to, the following project applications:
A. Temporary use permit;
B. Substantial shoreline development permit;
C. Variance;
D. Special exceptions;
E. Special home occupation permit.
F. Preliminary Plat
G. Conditional Use Permit
H. Surface mining Permit. (Ord. 4835 § 1, 1996.)
Section 4. Amendment to City Code. That section 14.03.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council
following a recommendation by the hearing examiner. Type IV decisions include,
but are not limited to, the following project applications:
A Pai+y plat;
B. Con itional use penT?t,
permit;
G. I mining D. Rezone (site-specific). (Ord. 4835 § 1, 1996.)
Section 5. Amendment to City Code. That section 14.03.050 of
the Auburn City Code be and the same hereby is amended to read as follows:
Ordinance 6184
September 30, 2008
Page 2 of 4
14.03.050 Type V decisions.
Type V decisions are quasi-judicial decisions made by the city council
following a recommendation by sta
publiG works direGtOF or his/her design . Type V decisions include, but are not
limited to, the following project applications:
A_. ---- ..__- Final plat;
(Ord. 4835 § 1, 1996.)
Section 6. Amendment to City Code. That section 14.13.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.13.020 Threshold determination appeals.
Except for the appeal of a determination of significance as provided in
RCW 43.21C.075, the city provides for no more than one consolidated open
record hearing on such appeal. Any appeal provided after the open record
hearing shall be appealed to the superior court of the county in which the
property subject of the threshold decision is located
before the Git?,' . (Ord. 4835 § 1, 1996.)
Section 7. Amendment to City Code. That section 14.20.120 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.20.120 Appeal.
Any appeal from an administrative determination of the planning direGt
under ACC 14.20.070(A), 14.20.090, and 14.20.110(A) shall be filed within 14
days of the determination and shall be processed in accordance with the
procedures established for appeals of administrative decisions under ACC
18.70.050. (Ord. 5746 § 1, 2003.)
Section 8. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 9. 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
Ordinance 6184
September 30, 2008
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application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 10. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: OCT - 6 2008
PASSED: OCT - 6 2008
APPROVED: OCT -6 2008
Fdlryi BURN,,
U
P TER B. LEWIS
MAYOR
ATTEST:
z L' I ? e k 4,?p
Dan'eIle E. Daskam,
City Clerk
APPROVED AS TO FO
D'aniel B. Heid,
City Attorney
Published:, -?
Ordinance 6184
September 30, 2008
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