A. Notice Of Appeal: Any aggrieved person who is a party of record may file an appeal of a final decision made by the city of Long Beach under this code. A written notice of appeal must be filed with the city clerk within fourteen (14) days after the date of the issuance of the decision or interpretation being appealed. The notice of appeal shall contain a concise statement identifying:
1. The decision or interpretation being appealed;
2. The name and address of the appellant and appellant's standing;
3. The specific reason(s) why the appellant asserts the decision is in error; and
4. The desired outcome or change(s) to the decision.
B. Appeal Filing Fee: Upon filing an appeal, an appellant must pay a fee as set forth by the city council. (Ord. 848, 8-17-2009)
C. Time Limit; Report: Within ninety (90) days of the filing of an appeal under this section, the appeal proceeding body shall adopt a single report declaring its decision on the appeal. The report shall be provided to the applicant, the appellant, and to any person who, prior to the adoption of the report, requested notice of the decision. The ninety (90) day time period may be extended upon mutual agreement of all parties to the appeal. (Ord. 890, 4-13-2013)
D. Administrative Decisions: An aggrieved person who is a party of record may appeal any final decision of an administrative official to the hearing examiner. The appeal must be in writing in accordance with this title and shall be filed with the city clerk within twenty one (21) calendar days of the date of the action being appealed. If an open record public hearing was not held as part of the administrative approval, then the hearing examiner shall conduct an open record hearing. Otherwise, the appeal to the hearing examiner shall be a closed record appeal.
E. Planning Commission Decisions: An aggrieved person who is a party of record may appeal a planning commission decision to the hearing examiner. The appeal must be in writing in accordance with this title and shall be filed with the city clerk within twenty one (21) calendar days of the date of the action being appealed. If an open record public hearing was not held as part of the planning commission decision, then the hearing examiner shall conduct an open record hearing. Otherwise, the appeal to the hearing examiner shall be a closed record appeal.
F. Hearing Examiner Decisions: An aggrieved person who is a party of record may appeal a hearing examiner decision to the Pacific County superior court or to the appropriate shorelines hearings board or growth management hearings board. The appeal must be in writing in accordance with this title and shall be filed with the court clerk within twenty one (21) calendar days of the date of the action being appealed. If an open record public hearing was not held as part of the hearing examiner decision, then the Pacific County superior court shall conduct an open record hearing. Otherwise, the appeal proceeding of the Pacific County superior court shall be a closed record appeal. In the case of appeals from administrative decisions, all decisions under the shorelines management act, and any other decision of the hearing examiner that is designated in this code as a final action, the appeal is to:
2. The shorelines hearings board if it is a shorelines management act decision; or
3. To the appropriate growth management hearings board if it is an action subject to the growth management act 2 . (Ord. 919, 8-3-2015)
G. City Council Decisions: City council decisions that are considered a "final action" must be appealed to either Pacific County superior court if it is a city council action subject to the land use petition act 3 or to the appropriate growth management hearings board if it is a council action that is subject to the growth management act 4 . Any appellant is encouraged to review state law in order to determine the method and manner of perfecting an appeal of a city council action. The appeal must be filed in the time limits specified by state law.
1. Closed Record Appeals: Closed record appeals from a final decision of the city council under this article must be made to Pacific County superior court within fourteen (14) days of the date the decision or action became final.
2. Procedure: The procedure for judicial appeals is as provided in the land use petition act 5 and Washington state court rules. (Ord. 848, 8-17-2013)
H. Closed Record Appeal Proceedings: Any appeal proceeding where an open record predecision hearing was held on the project permit shall be conducted as a closed record appeal proceeding whereby the appeal is heard by the proceeding body on the permit decision record as reported in the official file 6 and no new evidence or testimony is allowed. (Ord. 890, 4-13-2013)
I. Cost Borne By Appellant: The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal will be borne by the appellant. The appellant must post an advance fee deposit (in the amount specified by the city clerk-treasurer) with the city clerk-treasurer prior to the preparation of any records. Any overage will be refunded to the appellant within ten (10) days of filing the certified records with the superior court.
J. Stay Of Decision: The filing of an appeal within the time limits specified by this section shall stay the decision of the city until such time as the appeal has been adjudicated or withdrawn. (Ord. 848, 8-17-2009)
Notes
| 1 | 1. RCW 36.70C. |
| 2 | 2. RCW 36.70A. |
| 3 | 3. RCW ch. 36.70C. |
| 4 | 4. RCW ch. 36.70A. |
| 5 | 1. RCW ch. 36.70C. |
| 6 | 2. See section 11-2C-16 of this article. |