HomeMy WebLinkAbout4894 ORDINANCE NO. ~q~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 2.13.090 of the
Bremerton Municipal Code relating to filing applications and
appeals to the Administrative Hearing Examiner and further
amending Section 2.13.110 of the Bremerton Municipal Code
relating to the refund of Administrative Heating Examiner appeal
filing fees when the appellant is the substantially prevailing party.
WHEREAS, the City Council desires to amend Section 2.13.090 of the Bremerton
Municipal Code relating to filing applications and appeals to the Administrative Heating
Examiner to clarify the location of filing said applications;
WHEREAS, the current provisions of Section 2.13.110 of the Bremerton
Municipal Code relating to decisions and recommendations of the Administrative Heating
Examiner do not address refund of the appeal filing fees in the event the appellant is the
substantially prevailing party; and
WHEREAS, the City Council desires to update the provisions of Section 2.13.100
in order to provide for a refund of appeal filing fees when the appellant is the substantially
prevailing party; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Section 2.13.090 of the Bremerton Municipal Code entitled "Filing
of Applications and Appeals" relating to proceedings before the Administrative Heating
Examiner is hereby amended to read as follows:
2.13.090 FILING OF APPLICATIONS AND APPEALS.
the Admini:trative ........ ~ ................................................... n Apphcanons to
the Administrative Hearing Examiner for a decision, recommendation or an appeal shall be filed
with the Department of Community Development
L.~ ¢1~.4 ...;~-1~ {-1.~ ~;~.., /~'1~ Appli c.~..~;~; .......... .~,; ........... ~ shall be
.................... j .... k. cations ............. ,
filed with the applicable filing fee as set forth in Chapter 3.0l BMC. When it is found an
application or appeal meets thc filing requirements of the effected City Codes, rule or regulation,
the application shall be accepted. The Administrative Hearing Examiner shall be responsible for
assigning a date for the public heating for each application or appeal. Heatings on project permit
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Administrative Hearing Examiner
applications are subject to the notice and hearing requirements set forth in the Bremerton
Municipal Code.
SECTION 2. Section 2.13.110 of the Bremerton Municipal Code entitled
"Decisions and Recommendation" relating to proceedings before the Administrative Hearing
Examiner is hereby amended to read as follows:
2.13.110 DECISIONS AND RECOMMENDATION.
(1) The Administrative Hearing Examiner's recommendation or decision may be to
grant or deny the application, or the Administrative Hearing Examiner may recommend or
require of the applicant such conditions, modifications and restrictions as the Administrative
Hearing Examiner finds necessary to make the application compatible with its environment, with
applicable state laws, and to carry our the objectives and goals of the comprehensive plan, the
zoning code, the subdivision code, and other codes and ordinances of the city. Conditions,
modifications and restrictions which may be imposed are, but are not limited to, additional
setbacks, screenings in the form of landscaping and fencing, covenants, easements and
dedications of additional road rights-of-way. Performance bonds or other financial assurances
may be required to insure compliance with conditions, modifications and restriction.
(2) In regard to all Type IV applications set forth in Chapter 21.02.855 BMC,
Administrative Hearing Examiner's findings and conclusions and recommendation shall be
submitted to the city council, which shall have the final authority to act on such applications.
The hearing by the Administrative Hearing Examiner shall constitute an open record pre-
decision hearing before the final decision is made by the city council. The Administrative
Hearing Examiner shall file its recommendation with the city council at the expiration of the
period provided for reconsideration, or if reconsideration is accepted, within ten (10) working
days after the decision on reconsideration.
(3) When the Administrative Hearing Examiner renders a decision or
recommendation, the Administrative Hearing Examiner shall make and enter written findings
from the record and conclusions therefrom which support such decision. The decision shall be
rendered within ten (10) working days following conclusion of all testimony and hearings, unless
a longer period is mutually agreed to on the record by the applicant and the Administrative
Hearing Examiner. The copy of such decision, including findings and conclusions, shall be
transmitted by first class mail, to the applicant and other parties of record in the case requesting
the same.
(4) In the case of Shoreline Substantial Development permits, pursuant to BMC
21.02.860(d)(4), appeals shall be decided within thirty (30) calendar days of filing of the appeal.
(5) The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any
appeal to the Administrative Hearing Examiner shall be refunded to the appellant if the appellant
is the substantially prevailing part,/.
SECTION3. Severabilitv. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
fome and effect.
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Administrative Hearing Examiner
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~af.~ day of ~ x~.~ ,2004
PASSED by the City Council the o~,g.~ day of C~o~Ct~ ,2004
DAREN NYGREN, Co0ncf'l President
Approved this ~ day of t~?~ · ~ 2~
CARY B~)ZE--MAN, Mayor
ATTEST: APPROVED AS TO FORM:
PA-~L~-J~)~(~I~ Ir~terim City Clerk 'Ri31SER A. I~UBOVIC~, C~..~y Attomey
PUBLISHED the~(.__ day of t~'r~ ,2004
EFFECTiVE the~.~:&.~_day of '796~,~ ,2004
ORDINANCE NO. '/,e¢'~ % d
R:\LEGAL\OrdinanceskHearing ExaminerkAppeal Fees.doc
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Administrative Hearing Examiner
AFFDAVIT OF PUBLICATION
No. Ad # 100103591
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication heroin mentioned was the principal clerk of the printers and publishers of THE
SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the
County of Kitsap, in which County it is published and is now and has been for more than six months prior
to the date of the puNication hereinafter referred to, published in the English language continually as a
daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was
pnnted in an office maintained in the aforesaid place of publication of said newspaper; May 3, 2004 and
that such newspaper was regularly distributed to its subscribers during all of said period. That the full
amount of the fee charged for the foregoing publication is the sum of $39.83 which amount has not been
paid in full.
I
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of May 19, 2004.
Notary Public in and for the State of Washington, Kitsap County.
AN ORDINANCE of the City Council of the City of Bmmerton, Washington, amending Section ~ I3X~X}
of the Bremerton Municipal Code relating to filing applications and appeals to the Administrative Hearing
Examiner and further amending Section 2.13.110 of the Bremerton Municipal Code relating to the refund
of Administrative Hearing Exarmner appeal fihng fees when the appellant is the substantially prevailing
party.-
APPROVED by the City Council the 21st day of April, 2004-
PASSED by the City Council the 28th day of April, 2004-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA
98337.-
May 3, 2004°°#100103591-