Forks City Zoning Code
CHAPTER 17
135 APPEALS
§ 17.135.010 Appeals from administrative decisions.
The city council shall have the authority to hear and decide variances and appeals to it from any administrative decision or determination made by any officer of the city in the administration or enforcement of this code. Appeals from administrative decisions may be filed by any aggrieved person, or by any officer, board, or department of the city affected by the decision. Any administrative decision shall become final unless an appeal is filed with the board within 30 days of said decision.
(Ord. 433 § 25.10, 1997)
§ 17.135.020 Appeal forms.
(1)
The city council shall prescribe the form and information required for applications for appeals from administrative decisions. At a minimum, the following shall be required in writing for an appeal to be accepted:
(a)
Name of appellant; and
(b)
Address of appellant; and
(c)
Description of the issue on appeal, with sufficient information as to identify the decision being appealed; and
(d)
Date of decision being appealed, date of appeal, date appeal was filed; and
(e)
A signature, witnessed by a notary public, that states:
That the foregoing is a true and accurate representation of the issues raised on appeal by myself. I understand that only those issues raised in this appeal are before the council. I also understand that those issues not raised in this appeal, and not raised within the time associated for an appeal, will result in a waiver of the right to appeal those issues. |
(2)
The city planning department shall accept no appeal unless it complies with such requirements and is signed under oath.
(3)
Four copies of an appeal from an administrative decision must be filed with the city planning department and must be accompanied by the necessary fee as in this code provided and with a certified list of all parties having a financial ownership interest in property within 300 feet from the exterior boundaries of the subject property.
(Ord. 433 § 25.20, 1997)
§ 17.135.030 Public notification and procedure of meetings.
Upon receipt of a notice of appeal, the city planning department shall:
(1)
Transmit one copy thereof to the building inspector, one copy to the Forks planning commission, and one copy to the city council. The building inspector or the city planner shall forthwith transmit to the city council all papers constituting the record, findings, and decision relating thereto.
(2)
Schedule a hearing of the city council for the first regular meeting of the council which will allow time for the giving of the notices herein required, and shall notify the council members, the chair of the Forks planning commission, and the building inspector or the planning director of the time and place of said hearing.
(3)
Provide notice for said appeal pursuant to the notice requirements of this code.
(4)
File with the council, at or prior to said hearing, an affidavit that the mailing was made as herein provided. The hearing shall be open to the public. All parties in interest may be present in person and/or represented by counsel. All persons present shall be entitled to be heard. If the hearing cannot be completed in one session, the council may continue the hearing for five days and shall announce publicly to those present at each session the time and place for any subsequent sessions. No further notice shall be required.
(Ord. 433 § 25.30, 1997)
§ 17.135.040 Decision.
The city council shall announce its decision within a reasonable time but in all cases within 20 days after the conclusion of the hearing. The decision of the council shall be in the form of a written order and shall contain a recitation of the council’s findings in support thereof. Copies shall be delivered to the applicant or appellant, to the building inspector, and one copy shall be filed with the council as a permanent record. The decision of the council shall be final and conclusive unless within 10 days from the date of said decision the original applicant (or appellant) or an adverse party makes application to the Superior Court of Washington for Clallam County for a writ of certiorari, prohibition or mandamus.
(Ord. 433 § 25.40, 1997)
§ 17.135.050 Record.
The council shall prescribe record keeping procedures which shall be sufficient in detail to provide a transcript adequate in the event a writ of review is granted. No portion need be transcribed unless an application for a writ of review is granted. A file shall be maintained for each variance and appeal including the application, exhibits, and correspondence. Each file shall, after conclusive action, include a brief record of the findings, action, and decision, and other information deemed necessary to maintain an adequate permanent record.
(Ord. 433 § 25.50, 1997)
