The hearing examiner shall serve at the pleasure of the mayor. The hearing examiner shall interpret, review and implement land use regulations as provided by ordinance and may perform other quasi-judicial functions as are delegated by ordinance. Unless otherwise specified, the term "hearing examiner" shall also mean deputy examiners and examiners pro tem. Hearing examiners shall be appointed based on their qualifications for the duties of the office including education and experience.
A. Influence And Conflict Of Interest: No person, including city officials, elected or appointed, shall attempt to influence the hearing examiner in any matter pending before him/her, except at a public hearing duly called for such purpose, or to interfere with the hearing examiner in the performance of his/her duties in any way; provided, that this section shall not prohibit the city attorney from rendering legal service to the hearing examiner upon request. The hearing examiner shall be subject to same code of ethics as set forth in Revised Code Of Washington 35A.63.170 and 42.23.
B. Rules: The hearing examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to his/her duties.
C. Powers: The hearing examiner shall have the authority to:
1. Review and decide the following land use permit matters pursuant to Revised Code Of Washington 35A.63.170:
a. Conditional use permits.
b. Variances.
c. Appeals of administrative decisions or determinations.
d. Appeals of administrative decisions or determinations pursuant to Revised Code Of Washington 43.21C.
e. Amortization periods for nonconforming signs.
f. Nonconforming use permits.
g. Appeals of SEPA determinations of the underlying land use action.
2. Review and decide civil violations in conjunction with enforcement actions of the city as described in chapter 11, "Enforcement", of this title.
D. Procedures: The hearing examiner shall:
1. Receive and examine available information;
2. Conduct public hearings in accordance with the provisions of this title, Revised Code Of Washington 42.32 and all other applicable law, and prepare a record thereof;
3. Administer oaths and affirmations;
4. Issue subpoenas and examine witnesses; provided that no person shall be compelled to divulge information which he/she could not be compelled to divulge in a court of law;
5. Regulate the course of the hearing;
6. Make and enter findings of fact and conclusions to support his/her decisions;
7. Conduct conferences for the settlement or simplification of the issues;
8. Conduct discovery;
9. Dispose of procedural requests or similar matters;
10. Take official notice of matters of law or material facts;
11. Issue summary orders in supplementary proceedings; and
12. Take any other action authorized by or necessary to carry out this chapter.
The above authority may be exercised on all matters for which jurisdiction is assigned to hearing examiner by city ordinance, code or other legal action of the city council. The nature of the hearing examiner's decision shall be as specified in this chapter and in each ordinance or code which grants jurisdiction to the hearing examiner. (Ord. 778, 10-30-2003, eff. 11-11-2003)