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HomeMy WebLinkAbout3961 SUMMARY OF ORDINANCE NO. 3961 This Ordinance sets forth a City wide uniform appeal process to a Hearing Examiner. SECTION 1: This section sets forth definitions. SECTION 2: This section creates a Hearing Examiner position. '~ SECTION 3: This section requires cooperation of City officials with the Examiner. SECTION 4: This section sets forth a method of hiring a Hearing Examiner and qualifications for the Examiner. SECTION 5: This section sets forth conflict of interest provisions and requirements to keep the Examiner isolated from improper influence by interested parties. SECTION 6: This section provides for removal of the Hearing Examiner. SECTION 7: This section sets forth the jurisidiction of the Hearing Examiner over different areas. SECTION 8: This section defines the powers of the Hearing Examiner, including the power to promulgate rules for the conduct of hearings, administer oaths, receive evidence, and conduct discovery procedures, issue subpoeanas, hold settlement conferences, rule on procedural matters, take otherwise authorized quasi-judicial actions. This section further provides for a procedure of referral to the City Attorney where an order of the Examiner is not complied with. SECTION 9: This section provides for the application procedure for an appeal from an administrative decision. A party is given fourteen (14) days to appeal and is required to pay a $75.00 filing fee. This section further provides that failure to file a timely appeal waives the right to have the matter decided by the Examiner. SECTION 10: This section requires the City official whose action is being complained against to deliver to the Hearing Examiner a response to the appellant's objections and exceptions, as well as provide the appropriate documentation to the Hearing Examiner. The official is given ten (10) days to provide such a response. This section also requires the Examiner to send the response to the appellant. This section further indicates that during the time before the appeal, the action of the administrative officer shall be stayed and not enforced. SECTION 11: This section provides for a hearing upon the appeal application and provides for notice of a hearing date at least fifteen (15) working days before the hearing to the parties. The hearing notice will include a statement of the time, place and nature of the proceeding, the legal authority under which the hearing is to be held, a reference to the section of the ordinance and rules involved, a short and plain statement of the matter asserted, and an invitation to any interested parties to submit information to the Hearing Examiner for the hearing. This section further provides that the Examiner shall admit and give probative effect to evidence. Evidence shall be made a part of the record and the Examiner may take judicial notice of judicially cognizable facts. The parties will be given the opportunity, pursuant to this hearing, to respond and present evidence and argument on all issues involved. Attorneys are not allowed to participate in this process unless they are a party in interest as defined in Section 1. After the hearing, the Examiner can either close the hearing, continue it or invite additional testimony. After that, the Hearing Examiner shall make a decision. SECTION 12: This section provides for a record of the hearing, including questions and offers of proof, as well as rulings of the Examiner, a statement of matters officially noticed, a statement of all evidence received or considered, and all testimony. The record shall also consist of the appeal application, the response of the respondent City official or department, and all documentary evidence received or considered which is not in oral form. This section further provides that all proceedings shall be recorded. A copy shall be transcribed and furnished to any party, provided the party requesting the record pays the costs. In the event the appellant loses before the Hearing Examiner, he shall be entitled to appeal to the City Council provided he pays for the cost of transcribing of the record. SECTION 13: This section requires the Hearing Examiner to render a written decision within ten (10) working days after the conclusion of the hearing. The Examiner's decision must include a sun, mary of the evidence, findings of fact and conclusions of law and order on the appeal application, a statement of the date the Examiner's decision will become final unless appealed or reconsidered. SECTION 14: This section provides that the Examiner shall file a written decision as a matter of public record and will transmit, by certified mail, to the appellant and respondent. Other interested parties who have requested the decision will be mailed a copy. SECTION 15: This section provides for reconsideration by the aggrieved party to the Examiner. Request for reconsideration shall set forth specific errors. Within five (5) days of receiving the request for reconsideration, the Examiner may either deny the request, issue a revised decision or schedule an additional hearing. This section further indicates that the aggrieved party must appeal his decision to the City Council prior to seeking review in the Superior Court of Kitsap County. SECTION 16: This section provides that if the appellant prevails in front of the Hearing Examiner his filing fee shall be returned. SECTION 17: This section provides that the City Council may review a decision of the Hearing Examiner on its own motion, by a majority of the quorom of its membership. This must be done within ten (10) working days from the date of the Hearing Examiner's decision or within ten (10) working days from the final action on a reconsideration request. Failure of the Council to request review within that time period shall render the Examiner's decision final and conclusive. SECTION 18: This section sets forth the application procedure for appeal of an Examiner's decision to City Council. Ten (10) days is allowed for appeal and failure to follow the ten (10) day appeal period is fatal to an appeal. Upon appeal, the Office of the Hearing Examiner shall transmit to the City Clerk the record in front of the Examiner as well as the written decision that is being appealed. Appeal to the City Council stays the effective date of the Examiner's decision until the appeal is adjudicated by the Council or is withdrawn. This section further provides that the City Clerk, upon the receipt of an appeal shall, within five (5) working days, notify all parties involved of the date, time and place for a City Council hearing. This notice shall invite any parties, other than the appellant, to submit written memoranda of law in support of their positions to the Clerk in advance of the hearing by the Council. This section further requires public notice of the hearing to be given by the Clerk by publishing once in a newspaper of general circulation in the City of Bremerton at least seven (7) calendar days before the hearing. SECTION 19: This section indicates that hearings before the City Council shall be open to the public. A hearing must be set within thirty (30) days from the filing of the appeal with the Clerk or may be postponed or continued beyond the thirty (30) days one time, but never more than ten (10) working days after the date the hearing was first scheduled. SECTION 20: This section gives the City Council, by a two-thirds (2/3) majority of its membership, the ability to accept, modify or reject the Examiner's decision or any findings or conclusions therein. It further allows the Council to remand the decision back to the Hearing Examiner. If the Council rejects an Examiner's decision upholding an administrative decision, Council shall remand the matter to the City official or department responsible for further action as is appropriate with the Council's order. Decision of the Council shall be set forth by resolution. Council shall further make written findings of fact, supported by evidence in the record and conclusions based upon the findings supporting the Council's action. If new evidence is presented to the Council, the Council shall remand the matter back to the Examiner for further hearing. If Council does reverse the Hearing Examiner's decision, the initial $75.00 filing fee shall be refunded to the appealing party. SECTION 21: This section provides that the Council's decision shall be filed as a public record and transmitted by certified mail to the parties of record. Other interested parties shall be notified of the decision by first class mail or in person if requested. SECTION 22: This section provides for a judicial review of the City Council action by a Writ of Certiorari to Kitsap County Superior Court for the purpose of review. Upon the filing of a Writ, the City Council shall stay enforcement of its order and decision pending judicial review. SECTION 23: This section provides that where a party appeals to Kitsap County Superior Court from a Council decision, the appealing party must bear the cost of preparing the written transcript of the proceedings. Any person desiring the full text of the foregoing Ordinance may so request from the City Clerk and it shall be provided without charge. APPROVED by the City Council on the first reading on May 15, 1985 PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage on~.~ ~-i , 1985. M6~R~E DAWKi~S, Mayor City of Bremerton ATTEST: KATHLEEN L. MCCLUSKEY, City Clerk Director of Administrative Services THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN SECTION 1: Definitions - (a) Administrative decision: an order, requirement, decision, or determination by a City official or department governing the legal rights, duties, or privileges o~ specific parties; (b) Interested person: any individual, partnership, corporation (public or private), association, or public or private organization of any character affected by, or interested in a proceeding before the examiner; (c) Party of record: means any of the following- 1. The applicant; 2. The respondent City official or department; or 3. An interested person found by the examiner to be significantly affected by, or interested in a proceeding before the examiner, and who testifies at a hearing or submits timely written documentation dealing with the merits of the case being heard. (d) Working day: means any day during which the City aaministrative offices are open for normal business. SECTION 2: Creation of the Hearing Examiner Position - 'there is created the Office of the Hearing Examiner. The examiner shall conduct hearings on appeals of administrative decisions in accordance with the provisions of this Chapter. The term "examiner" as used herein shall include any substitute examiners, as needed. SECTION 3: Cooperation of City Officials - An examiner may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of o~ficials of the City. 1 SECTION 4: Appointment - An examiner shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. An examiner shall be an attorney having such expertise, experience and educational background satisfactory to the Mayor as to qualify the examiner to conduct quasi-judicial hearings, and shall De appointed solely with regard to those qualifications required to most effectively discharge the duties of the position. The regular examiner shall be employed on a yearly contract basis, to be negotiated. Substitute examiners may also be contracted for to serve in the event of absence or inability of the regular examiner to act. Examiners shall hold no other elective or appointive office or position in the City of Bremerton. SECTION 5: Conflict of Interest and Freedom from Improper Influence - An examiner shall not conduct or participate in any hearing or decision in which he or she has a direct or indirect personal interest which might influence or interfere with the decision making process. Any actual or potential conflict of interest shall be disclosed to the parties to a quasi-judicial proceeding immediately upon discovery of such conflict, and the examiner shall abstain from participating further in nhe hearing if such continued participation would impair its fairness or the appearance of fairness. No person shall attempt to influence an examiner in any matter pending before him or her, except publicly at a hearing duly called for such purpose, or to interfere with an examiner in the performance of his or her duties in any other way. Neither shall the examiner initiate any ex parte contact with a party of record nor solicit non-written responses from such party concerning the merits of the appeal. An examiner shall reveal any ex parte contact between himself and the parties of record concerning an impending or pending proceeding, and if such contact impairs the examiner's ability to act on the matter, he or she shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness. The restriction on ex parte contact with an examiner is not intended to prohibit necessary or proper inquiries on matters such as scheduling, but any such contacts are to be entered into the official record of the hearing. Whenever possible, such inquiries and the responses to such inquiries shall be in writing. SECTION 6: Removal - An examiner may be removed from office by the Mayor with concurrent majority vote of the City Council, or by 2/3 rds vote of the full Council only. SECTION 7: Jurisdiction - An examiner shall have jurisdiction to receive and rule on appeals from certain administrative decisions as pro- vided in the following Ordinances: 1. Business Licenses and Regulations, Title 5 of the Municipal Code. 2. Health and Sanitation, Title 6 of the Municipal Code. 3. Peace, Safety and Morals, Title 9 of the Municipal Code. 4. Parks and Recreation, Title 13 of the Municipal Code. 5. Water and Sewers, Title 15 of the Municipal Code. 6. Buildings and Construction, Title 17 of the Municipal Code. 7. Fire, Title 18 of the Municipal Code. SECTION 8: Powers - An examiner is empowered to conduct hearings for the purpose of receiving and examining available information, prepare a record thereof, and enter findings of fact and conclusions of law which shall represent the final action on an application for review of an adminis- trative decision, unless a timely petition for reconsideration is filed pursuant to Section 15 or appeal to the City Council is made pursuant to Section 18. In the performance of duties prescribed by this Chapter, an examiner may: 1. Prescribe rules for the scheduling and conduct of hearings including, but not limited to, rules to regulate for form and duration of permissible testimony, rebuttal and cross-examination, and any other - 3 - procedural rules related to the examiner's duties. Ail rules for the examiner shall be adopted by resolution by the City Council. 2. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and ta~ing oral depositions pursuant to Washington State Court Rules; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law. 3. Upon the request of any party to a quasi- judicial hearing, including any respondent City official or department, or upon his or her own volition, issue and cause to be served subpoenas for the attendance of witnesses and for production for examination of any books, records, or other information in the possession or under the control of any person; provided, that such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved. 4. hold conferences for the settlement or simplification of the issues by consent of the parties. 5. Dispose cf procedural requests or similar matters. 6. Take any other action authorized by ordinance or department rule consistent therewith. In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to such subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books or records or o~her information in his possession and under his control, the examiner may invoke the aid of the City Attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena. SECTION 9: Appeal from Administrative Decision -- Application Procedure - Appeals to the Office of the Hearing Examiner from any administrative decision covered by the provisions of this Chapter shall be made within fourteen (14) calendar days from the date of an appealing party's notification of the decision. The fourteen (14) day period shall be measured from the date the party is actually notified of the administrative decision, or if such notification be by mail to the party, then from the date of mailing of such decision. Appeal is initiated by filing a written application with the secretary of the Office on a form provided for this purpose by the Office, and shall include at a minimum the following information: name, address and telephone number of appellant, location of problem, decision being appealed, and applicable code or ordinance. The application shall be accompanied by a filing fee of seventy-five dollars ($75.00) which the secretary of the Office shall insure is received by the City Treasurer. Said fee shall be utilized to cover publication costs, mailing and other costs directly associateG with the appeal. When it is found that an application meets the ~iling requirements of this Section, it shall be accepted. Failure of any person to file a timely appeal of an administrative decision in accordance with the provisions of this Section shall constitute a waiver of the right to an adjudication before a hearing examiner. SECTION 10: Action of Respondent City Official or Department Subsequent to Filing of Appeal Application - Upon acceptance of an appeal application, the secretary of the Office of the Hearing Examiner shall deliver within two (2) working days to the respondent City official or department whose decision is being appealed: 1. A copy of the application; and 2. Notice of the date which the Office has set for the hearing on the appeal. The respondent shall be responsible for preparing a written response to the appellant's objections and exceptions, coordinating and assembling the reviews and recommendations of other City departments and government agencies having an interest in the subject application. Within ten (10) working days of the receipt of a copy of the appeal application, the respondent shall transmit the written response to the Office of the Hearing Examiner along with the official City file concerning the action appealed; PROVIDED, that in the event that information from sources outside of City control which is required by the respondent for its written response is not made available to the respondent in sufficient time to allow a timely transmittal to the Office, upon written request by the respondent the examiner may reschedule the hearing and notify parties of record and other interested parties. 5xcept for the submission of the response as herein required, there shall be no other contacts betwen the examiner and the respondent concerning the merits of the appeal. At least twelve (12) working days prior to the scheduled hearing, copies of the response shall be mailed to the appellant and shall be made available for public inspection and copying. Copies thereof shall be provided to interested parties upon payment of reproduction costs. Enforcement of the administrative decision being appealed to the examiner shall be stayed during the pendency of the appeal which has been properly and timely filed, and during the pendency of any reconsideration or appeal to the City Council. SECTION 11: Notice and Hearing - Before rendering a decision on any appeal application, an examiner shall hold at least one hearing thereon. Said hearing shall be open to the public if requested by the appellant or otherwise required by the Open Meetings Act. The Office of the Hearing Examiner shall assign a date for the hearing in accordance with its rules on scheduling, and notice in writing shall be sent not less than fifteen (15) working days before the hearing to parties of record and any interested party who has requested notice of the hearing and has prepaid notification costs. The notice shall include: 1. A statement of the time, place and nature of the proceeding; 2. A statement of the legal authority and jurisdiction under which the hearing is to be held; 3. A reference to the particular sections of the ordinance and rules involved; 4. A short and plain statement of the matter asserted; 5. An invitation to any interested parties to submit information in writing to the Office of the Hearing Examiner in advance of the hearing and an invitation to review any information submitted to the Office ~uring the seven (7) calendar days preceding the hearing. ~he examiner presiding at a hearing shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and shall give effect ~o the rules of privilege recognized by law. All evidence, including records and documents in the possession of the respondent City official or department which the examiner desires to consider, shall be offered and made a part of the record. Examiners may take notice of judicially cognizable facts and of general, technical, or scientific facts within their specialized knowledge in the evaluation of the evidence presented to them; PROVIDED, that parties shall be notified during the hearing of the material so noticed, and they shall be afforded an opportunity to contest the ~acts so noticed. Opportunity shall be afforded the parties of record to respond and present evidence and argument on all issues involved, in accordance with rules adopted before an examiner. No attorney at law nor any person other than the appellant and respondent shall concern himself or in any manner interfere with the process o~ an appeal before an examiner without the consent of the examiner. After all parties have had an opportunity to speak, the examiner shall either close the hearing, continue the hearing to a specified date, or invite additional testimony restricted only to issues which, in the opinion of the examiner, there is a need for additional testimony, an~ thereafter the hearing shall 7 be closed or continued to a specified date. A continued hearing to a specified date may be restricted to testimony or evidence on specific aspects of the case. No information may be submitted after the close of the hearing unless, in the opinion of the examiner, additional opportunity for testimony is warranted. In such case, the hearing may be reopened upon five (5) working days written notice to all parties who participated at the first hearing. $~CTION 12: Record of the Hearing - The oral record of a hearing before an examiner shall include: 1. Questions and offers or proof, and rulings thereon; 2. A statement of matters officially noticed; 3. A statement of all evidence received or considered; and 4. All testimony given. The non-oral record before an examiner shall include: 1. The appeal application of the appellant; 2. The written response of the respondent City official or department; and 3. All evidence received or considered which was not in oral form, including any written submissions received by the Office of the Hearing Examiner from interested parties prior to the hearing. Oral proceedings before an examiner shall be electronically recorded. A copy of the oral record or any part thereof shall be transcribed and furnished to any party to the hearing upon request therefor and payment of the reasonable costs thereof. If a decision rendered by an examiner affirms the administrative decision appealed against, and the appellant subsequently takes a timely appeal of the examiner's decision to the City Council, the appellant shall be required 'to bear the cost of a verbatim transcription of the oral proceedings before the examiner. If the seventy-five dollar ($75.00) filing fee which accompanied the appeal application submitted to the Office of the Hearing Examiner is insufficient to cover transcription costs after other costs directly associated with the appeal have been deducted, an additional fee to defray the cost of preparing a written transcript shall be assessed to the appellant. The secretary of the Office shall not transmit to the City Clerk the record of the proceedings before the examiner unless and until the appellant has paid said fee and a written transcript has been prepared. SECTION 13: Examiner's decision - Within ten (10) working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the appellant, the examiner shall render a written decision which must include the following: 1. A brief summary of the evidence considered; 2. Findings of fact and conclusions of law based upon and supported by the record; 3. An order on the appeal application to reverse, affirm, or modify, wholly or in part, the administrative order, requirement, decision or determination appealed from. The examiner shall have all powers of the official from whom the appeal is being taken, insofar as the administrative decision on the particular issue is concerned, and the examiner may make such order, requirement, decision or determination as should be made in explicit conformity with the applicable code oF ordinance. The examiner's order shall state the manner in which it is based on the findings and conclusions. 4. A statement of the date the examiner's decision will become final unless a petition for reconsideration is filed or further appeal is made to the City Council, together with a description of the procedures for such reconsideration and appeal. SECTION 14: Notice and Effect of the Examiner's Decision - Upon the rendering of a written decision by an examiner, it shall be filed as a public record and copies thereof shall be transmitted by certified mail, return receipt requested, to the appellant and respondent. Other interested parties, upon request and payment of reasonable costs for transcription and delivery, shall be notified of the decision by first class mail or in 9 person. The decision of the examiner shall be final and conclusive unless a timely petition for reconsideration is filed with the Office of the Hearing Examiner or appeal is taken to the City Council in accordance with the provisions of this Chapter. SECTION 15: Reconsideration - Any aggrieved party who is identified as a party of record in any initial hearing before an examiner in 'the appeal of a particular administrative decision may make a written request for reconsideration by the examiner within ten (10) working days after the written decision of the examiner has been rendered. This request shall set forth specific errors relating to: 1. Erroneous procedure; 2. Errors of law objected to at the public hearing by the party requesting reconsideration; 3. Incomplete record; 4. An error in interpreting relevant codes or ordinances; 5. Newly discovered material evidence which could not, with reasonable diligence, have been discovered and presented at the initial hearing. This does not include evidence which was available at the time of the prior hearing, but simply not presented at that time for whatever reason. The examiner, in his or her discretion, shall determine what further action is proper and, within five (5) working days after ~he due date of receiving requests for reconsideration, shall issue that determination in writing in the same manner as provided for in Section 14. The examiner may either: 1. Deny the request for reconsideration; 2. Issue a revised decision; or 3. Schedule an additional public hearing. The examiner shall summarily dismiss a request for reconsideration that is without merit on its face or brought merely to secure a delay. Should an aggrieved party who is identified as a party of record desire to seek judicial review of the examiner's decision, 10 it shall not be deemed necessary for the party to first seek a reconsideration of the decision to satisfy the doctrine of the exhaustion of administrative remedies; EXCEPT, that an aggrieved party other than a City official or department must appeal the final decision of an examiner to the City Council before seeking review of said decision in the Superior Court of Kitsap County. A respondent City official or department aggrieved by an examiner's decision may seek a reconsideration of that decision, but may neither appeal the final decision of the examiner to the Council nor seek judicial review on any grounds. SECTION 16: Refund of Filing Fee - If a decision rendered by an examiner reverses or substantially modifies the administrative decision appealed againstw the seventy-five dollar ($75.00) filing fee accompanying the appeal application to the Office of the Hearing Examiner shall be returned to the applicant. SECTION 17: City Council Review of Examiner's Decision on its own Motion - '~he City Council, on its own motion and by the vote o~ at least a majority o~ a quorum of its membership, may review an examiner's written decision within ten (10) working days from the date of the examiner's written decision or within ten (10) working days from the final action on a reconsideration request by a party of record. Any decision rendered by the examiner shall be final and conclusive if review by the Council is not initiated within the prescribed limitations period. SECTION 18: Appeal to the City Council from the Examiner's Decision -- Application Procedure - Any aggrieved person who is identified as a party of record in any hearing before an examiner, other than a City official or department, may appeal the examiner's decision to the City Council by ~iling a timely written application with the City Clerk on a form provided for this purpose. Any decision rendered by the examiner shall be final and conclusive unless an appeal is filed within ten (10) working days from the date of the examiner's written decision or within ten (10) working days from the final action on the reconsideration request. The appeal application shall include at !1 a minimum a specific statement alleging the error or issue which the City Council is being asked to consider. When it is found that an application meets the filing requirements of this Section, it shall be accepted. Upon written notification of the appeal by the City Clerk to the secretary of the Office of the Heaing Examiner, the secretary shall forthwith transmit to the City Clerk all that which constitutes the record upon which the examiner's written decision that is being appealed was made, as well as the examiner's decision itself; PROVIDED, that the appellant has paid any excess costs of preparing a written transcript of the proceedings before the examiner pursuant to the provisions of Section 12. The timely filing of an appeal to the City Council shall stay the effective date of the examiner's decision until such time as the appeal is adjudicated by the Council or is withdrawn. Within five (5) working days following the timely filing of an appeal, notice thereof and of the date, time and place for City Council consideration shall be mailed by the City Clerk to the party taking the appeal, any other parties of record, and to any interested person who requests notice of the hearing and has prepaid notification costs. Such notice shall invite any parties o~ record other than the appellant to submit written memoranda of law, in support of their positions with regard to the matter appealed, to the City Clerk in advance of the hearing before the Council. Public notice of the hearing shall be given by the Clerk by publication at least once in a newspaper of general circulation in the City of Bremerton, at least seven (7) calendar days before the hearing. SACTION 19: City Council Consideration - An examiner's decision which has been timely appealed to the City Council pursuant to Section 18 shall be scheduled for a hearing by the City Clerk. The hearing shall be open to the public if requested by the appellant or otherwise required by the Open Meetings Act. A hearing before the Council shall be set for a date to be not more than thirty (30) calendar days from the filing o~ the appeal with the Clerk, and may be postponed or continued beyond 12 the thirty days not more than one time and never more than ten (10) working days after [he date the hearing was first scheduled. Notice to the parties of record of the hearing date before the Council shall be given not less than fourteen (14) calendar days before that date. SECTION 20: City Council Action - The City Council, by a majority consisting of two-thirds (2/3) of its membership, may accept, modify, or reject the examiner's decision, or any findings or conclusions therein, or may remand the decision to the examiner for reconsideration or rehearing. If the council rejects an examiner's decision upholding an administrative decision originally appealed against, the Council shall remand the matter to the City official or department responsible for the administrative decision for further action consistent with the Council's finding that the appeal was merited. Any appeal from an examiner's decision requiring action by [he City Council other than remand to that examiner shall be taken by the adoption of a resolution. When taking any such final action, the Council shall make and enter written findings of fact supported by substantial evidence in the record and conclusions based upon the findings which support the council's actions; if the council renders a decision different from the decision of the examiner, the Council's decision must be supported by such findings and conclusions as will clearly indicate that the examiner's decision was inconsistent with the evidence in the record that was before him or her. If it appears to the Council that there is additional information which should have been supplied to the examiner, or otherwise feels that the examiner should reconsider his or her decision, the Council's remand to the examiner for further consideration and possible rehearing may specify information to be considered or to be provided by City departments or other sources. If the City Council rejects an examiner's decision upholding an administrative decision originally appealed against, and the Council remands the matter to the City official or department responsible for the administrative decision for action consistent 13 with the Council's finding that the appeal was merited, the seventy-five dollar ($75.00) filing fee accompanying the appeal application to the Office of the Hearing Examiner shall be returned to the appellant, as well as any additional fee assessed to defray the cost of preparing a verbatim written transcript of any hearing before the examiner. SECTION 21: Notice of the City Council's Decision - Upon the rendering of a written decision by the City Council, it shall be filed as a public record and copies thereof shall be transmitted by certified mail, return receipt requested, to the parties of record. Other interested parties, upon request and payment of reasonable costs for transcription and delivery, shall be notified of the decision by first class mail or in person. SECTION 22: Appeals from the City Council's Action --Judicial Review - The action of the City Council approving, modifying or rejecting the decision of an examiner, shall be ~inal and conclusive unless within thirty (30) calendar days from the date of an aggrieved party's notification of the Council's decision such party applies for a Writ of Certiorari to the Ki%sap County Superior Court for 'the purpose o£ review of the action taken. The thirty day period shall be measured from the date the party is actually notified of the City Council's decision, or if such notification be by mail to a party, %hen from the date of mailing of such decision; and if an aggrieved person other than a party, then from the date of the Council's decision. Upon the filing of a Writ, the City Council shall stay enforcement of its order or decision pending such judicial review. SECTION 23: Payment of Cost of Transcription of Verbatim Written Transcript - Whenever the City is required to prepare a verbatim written transcript of any proceedings of the City in response to a Writ of Certiorari or other action filed in the Superior Court, the cost of preparing the same shall be borne by the party filing 'the action. Within ten (10) calendar days of the service of such Writ on the City, the City Clerk shall notify the party filing the action that it will be necessary for the 14 City to prepare a verbatim written transcript of the proceedings involved. In such notice, the Clerk shall state the date and subject matter of the public hearing(s) involved and the estimated cost of the preparation of the transcript, including copying costs. Within ten (10) calendar days of the receipt of such notification, the party filing such action shall pay said estimated cost to the City Clerk and 'the Clerk shall thereafter make provision ~or the preparation of the transcript. Should the actual cost incurred by the City in preparation of the transcript exceed the amount deposited with the City Clerk, the party making such deposit shall be required 'to reimburse the City for such additional amount within ten (10) calendar days of notification that such amount is due. Should the actual cost incurred by the City be less than the estimated cost deposited, such credit due shall be reimbursed by the City to the party making the deposit. APRROVED by the City Council on the first reading this day of ~_~ , 1985. PASSED by//he City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this ~-~ day of ~ . , 1985. M~IE D~WK~N~, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk 15