Pullman City Zoning Code
17.185 Appeals
and Court Review
Any aggrieved party may appeal staff administrative decisions on the following matters to the Hearing Examiner:
(1) classifications of uses not specified in the Use Chart, PCC 17.70.030;
17.185.010 Purpose.
This Chapter is to provide the basic procedure for processing appeals. Decisions made pursuant to this Title, and PCC Title 5, Health and Sanitation, may be appealed as provided in this Chapter unless specific provisions of this Title or PCC Title 5 provide otherwise. (Ord. 25-08 §1 (Att. A), 2025; Ord. 07-9 §1, 2007; Ord. 87-9 §1, 1987).
17.185.020 Appealable Staff Decisions.
Any aggrieved party may appeal staff administrative decisions on the following matters to the Hearing Examiner:
(1) classifications of uses not specified in the Use Chart, PCC 17.70.030;
(2) interpretations of the Official Zoning Map;
(3) interpretations of the text of this Title;
(4) approved site plans reviewed under the provisions of Chapter 17.135 PCC;
(5) permits or approvals required by this Title;
(6) Notices of Violation and Orders to Correct or Cease Activity;
(7) nuisance abatement and abatement costs arising from PCC Title 5, Health and Sanitation. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §8, 2022; Ord. 07-9 §2, 2007; Ord. 87-9 §1, 1987).
17.185.030 Appeal Procedure.
(1) Written Appeal. Appeals will be written and will include the following:
(a) The name of the project applicant and the date of the decision, or the name of the person who has received a Notice to Abate under PCC 5.01.080 and the date of the notice;
(b) The name and address of the person appealing, and their interest in the matter;
(c) A brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant;
(d) A brief statement of the relief sought and the reasons why it is claimed the action appealed from should be reversed, modified, or otherwise set aside; and
(e) An appeal fee established pursuant to PCC 17.10.060.
(2) Filing the Appeal.
(a) In actions arising under this Title, the appellant will file an appeal with the Department of Community Development within 10 days after the date of the decision being appealed.
(b) In actions arising under PCC Title 5, the appellant will file an appeal with the City Clerk within five (5) days after the date of the Notice of Abate.
(3) Rejection of Appeal. If an appeal is not filed correctly because some required materials listed in subsection (1) of this section have not been submitted on time, the City Administrator or their designee can reject the appeal. In this case, the City Administrator or designee will notify the person appealing in writing, explaining why the appeal was rejected and what was missing.
Nothing in this section will be construed to limit the City’s authority to proceed with summary abatement under PCC 5.01.120.
(4) Stay of Proceedings. If an appeal is properly filed within the time limit, the appealed decision will be suspended, and no further action which is the subject of the appeal may be taken until the appeal is decided, but if a suspension would cause imminent peril to life or property, development action may be continued only by an order issued by the Hearing Examiner or by a court of competent jurisdiction.
(5) Department Action.
(a) If an appeal relating to this Title is properly filed within the time limit, the Director of Community Development will:
(i) Set the hearing date within 90 days of the date the appeal was filed;
(ii) Give notice of the hearing as specified in PCC 17.170.020; and
(iii) Provide the Hearing Examiner with copies of the staff report, minutes, if any, the decision, a preliminary response to the appeal, and other relevant material. The project applicant, appellant, and other interested parties who have made requests to the Department of Community Development will be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so.
(b) If an appeal related to PCC Title 5, Health and Sanitation, is properly filed within the time limit, the City will set the date and give notice of hearing on the appeal for the earliest practicable date, but not more than 30 calendar days from the date the written appeal was filed.
(6) Hearing Examiner Review.
(a) On matters related to this Title:
(i) The Hearing Examiner will hold a public hearing on the appeal as provided in Chapter 17.170 PCC.
(ii) The Hearing Examiner will base their decision on the same standards and criteria described in this Title for the original decision.
(iii) The Hearing Examiner may affirm, modify, or reverse the action of the staff.
(iv) The decision of the Hearing Examiner will include any conditions placed on the approval if approval is granted.
(v) The decision of the Hearing Examiner will be final and conclusive, unless within 21 days from the date of the decision the project applicant, appellant, or an aggrieved person files with the Superior Court of Whitman County a land use petition in accordance with Chapter 36.70C RCW, as it now exists or may be amended.
(b) On matters related to PCC Title 5, Health and Sanitation:
(i) The Hearing Examiner will hold a public hearing on the appeal of the Notice to Abate under the procedures established in PCC 17.170.030, except as stated in this section. The Hearing Examiner may affirm, modify, or reverse the Notice to Abate.
(ii) The City will have the burden of proof to demonstrate by a majority of the evidence that a violation has occurred and that the required corrective action is reasonable.
(iii) The determination of the applicable Responsible Official as to the need for the required corrective action will be given substantial weight by the Hearing Examiner in determining the reasonableness of the required corrective action.
(iv) If the Hearing Examiner determines that a violation of PCC Title 5 has occurred, the Hearing Examiner will issue an order to the person responsible for the violation which contains the following:
1. The Hearing Examiner’s decision on the Notice to Abate, including findings of fact and conclusions based thereon in support of the decision;
2. The required corrective action, with any modifications expressly stated; and
3. The date and time at which the City may proceed with abatement of the violation if the required corrective action is not completed.
(v) A copy of the Hearing Examiner’s Order will be sent via U.S. Mail to the last known owner as listed in the tax records of Whitman County, if the owner is not a party to the appeal. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §6, 2022; Ord. 21-15 §6, 2021; Ord. 07-9 §3, 2007; Ord. 03-33 §66, 2003; Ord. 87-9 §1, 1987).
17.185.040 Court Review.
Unless stated otherwise by law, any final decision or action that does not have a specific appeal process in this Title, and for which all other allowed appeals have been completed on time, can be reviewed by the Superior Court of Whitman County. To do this, a land use petition must be filed under Chapter 36.70C RCW within 21 days of the final decision or action. The person filing the appeal will need to cover the cost of copying and certifying any records required by the court for the review. (Ord. 25-08 §1 (Att. A), 2025; Ord. 03-33 §67, 2003; Ord. 00-22 §1, 2000; Ord. 87-9 §1, 1987).