26.10.610 Administrative appeals on project decisions.
(1) Appeals of Type I – II Decisions. The decision or action by the Administrator on Type I or II permits shall be final on the date issued unless an appeal is filed in accordance with subsection (4) of this section. Said appeal shall be heard by the Hearing Examiner in an open record hearing.
(2) Appeals of Type III Decisions. The decision by the Hearing Examiner pursuant to this section shall be final on the date issued unless an appeal shall be made in accordance with State law, including Chapter 36.70C RCW.
(3) Appeal Process.
(a) Filing of Local Appeals. Every appeal for Type I and II permit decisions shall be filed with the Administrator within 14 calendar days after the date of notice of the decision. An appeal on the form provided by the Administrator shall be filed with the Administrator by mail or personal delivery, and must be received during normal business hours and by the last day of the appeal period, with the required appeal fee as specified in Chapter 5.100 CCC, Consolidated Fee Schedule. If the last day of an appeal period falls on a weekend or legal holiday, the appeal period shall be extended until 4:30 p.m. the next business day.
(b) Form and Content of Appeal. The application for appeal shall be on a form provided by the Administrator and shall include the following:
(i) The decision being appealed;
(ii) The name and address of the appellant and his/her interest(s) in the matter;
(iii) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;
(iv) The desired outcome or changes to the decision;
(v) The appeal fee as required by Chapter 5.100 CCC, Consolidated Fee Schedule;
(vi) Any additional requirements set forth in the underlying code;
(vii) Any additional attachments provided by the appellant.
(4) Public Notice. Public notice for an open record appeal hearing or a closed record appeal hearing shall consist of the following:
(a) Type I – II Permit Appeals. A written mailed notice shall be sent by the Administrator at least 15 days prior to the date of the open record appeal hearing. The appellant is responsible for mailing costs of said notice and shall obtain the official list of names and addresses from the County Assessor’s office. If the applicant/owner of the proposed project permit under appeal owns property contiguous to the project site, notice shall apply to the boundaries of such contiguous parcels. Notice shall be mailed to the property owner(s), applicant(s), authorized agents, any other parties of record and to all owners of adjacent properties that abut the subject property. For the purposes of this section, properties separated by public right-of-way are considered to be adjacent properties.
(b) Advertising in the legal section of the County-designated newspaper of general circulation is not required.