14.45.030 Procedures | Covington Municipal Code

14.45.030 Procedures.

(1) An administrative appeal of a Type 2, 3, or 4 project decision and of any environmental determination issued at the same time as the project decision shall be filed with the City Clerk within 14 days after the notice of the decision or after other notice that the decision has been made and is appealable. The appeal fee as set forth in the current fee resolution shall also be filed with the City within this time frame. The appeal period shall be extended for an additional seven days if public comment is allowed on a determination of nonsignificance issued as part of the appealable project permit decision.

(2) Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee, and contain the following information:

(a) Appellant’s name, address and phone number;

(b) Appellant’s statement describing his or her standing to appeal;

(d) Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;

(e) The relief sought, including the specific nature and extent;

(f) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

(3) Upon timely receipt of a notice of appeal and fee, the City Clerk shall set the matter for a hearing before the Hearing Examiner.

(4) The City Clerk shall provide notice of the hearing at which the appeal shall be considered at least 14 calendar days prior to the hearing, or as otherwise provided by law. The hearing notice shall be provided by:

(a) Posting notice as provided in CMC 14.40.040(1);

(b) Publishing notice as provided in CMC 14.40.040(2);

(c) Mailing notice to the appellant, to the applicant, and to any person who requested notice of decision or submitted substantial comments on the application.

(5) The time period for considering and deciding an appeal shall not exceed 90 days for an open record appeal hearing or 60 days for a closed record appeal. The parties to an appeal may agree to extend these time periods.

(6) The Hearing Examiner shall render a decision based upon testimony presented by the parties, evidence admitted, information of which judicial notice is taken, and written and oral argument by the parties. The Hearing Examiner may affirm the decision, reverse the decision, affirm the decision with modification, or remand the decision to the decisionmaker for further consideration. The Hearing Examiner shall affirm the decision unless it is determined the decision being appealed meets one of the following criteria:

(a) The body or officer that made the decision engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;

(b) The decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise;

(d) The decision is a clearly erroneous application of the law to the facts;

(e) The decision is outside the authority or jurisdiction of the body or officer making the decision;

(f) The decision violates the constitutional rights of the party seeking relief.

(7) The Hearing Examiner shall issue a written decision on the appeal containing:

(a) A statement of the decision on appeal, including any conditions;

(b) A statement of the facts upon which the decision is based and the conclusions of law derived from these facts; and

(8) If a permit is granted, the City official administering the permit may allow the applicant to begin all or a portion of the construction or commence all or a portion of the operations during the pendency of any appeal; provided, that such construction or operation is begun at the applicant’s own risk. If the decision being appealed is reversed or modified, the applicant may be required to remove or alter any development or action inconsistent with the final decision and/or restore the environment to its pre-existing condition. (Ord. 07-19 § 2; Ord. 17-16 § 14; Ord. 02-09 § 5)