Chapter 17.35
Appeals Of Administrative Actions
17.35.010 Authority of Board of Adjustment
17.35.020 Who May Appeal-Place of Filing-Time Limit
17.35.030 Setting for Hearing-Notice-Transmittal of Records
17.35.040 Scope of Authority on Appeal
17.35.050 Decision-When Reached
17.35.060 Notice of Decision
17.35.070 Appeal from Board of Adjustment Decision
17.35.080 Records
17.35.010 Authority Of Board Of Adjustment
- The Board of Adjustment shall hear and decide appeals from any order, requirement, permit decision or determination made by the Administrator under this code.17.35.020 Who May Appeal - Place Of Filing - Time Limit
- Appeals may be taken to the Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing in duplicate with the Administrator, as secretary for the Board of Adjustment, within twenty (20) days of the action being appealed. This section does not create any additional notice requirements of the Administrator.17.35.030 Setting For Hearing - Notice - Transmittal Of Records
- Upon the filing of an appeal from an administrative determination the Board of Adjustment itself, or Administrator as secretary for the Board of Adjustment, shall schedule a hearing with the Board of Adjustment to be held within sixty (60) days of the receipt of the appeal, at which time the matter will be considered. At least a ten (10) day notice of such time and place together with one (1) copy of the written appeal, shall be given to the official whose decision is being appealed. At least ten (10) days notice of the time and place shall also be given to any adverse parties of record in the case. The officer from whom the appeal is being taken shall transmit to the Board of Adjustment all of the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent.17.35.040 Scope Of Authority On Appeal -
The Board of Adjustment may, in conformity with the Planning Enabling Act (RCW 36.70 and this code, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal was taken insofar as the decision on the particular issue is concerned.17.35.050 Decision - When Reached
- Within thirty-five - (35) days following the termination of the public hearing on an appeal from an administrative determination, the Board of Adjustment shall sign its written order. In making the order it shall include, in a written non-verbatim record of the case, the findings of fact upon which the decision is based.17.35.060 Notice Of Decision
- Within five (5) days of the decision, the order of the Board of Adjustment shall be mailed to the applicant and all persons who are specifically identified as parties of record or who have indicated an interest in being notified of the decision.17.35.070 Appeal From Board Of Adjustment Decision
- The decision by the Board of Adjustment on an appeal from an administrative determination shall be final and conclusive unless within ten (10) days from the date of notice of the written decision, the appellant or an adverse party makes application to the Superior Court for a writ of certiorari, a writ of prohibition or a writ of mandamus.17.35.080 Records -
The appeal filed pursuant to this code, the evidence of notice, the electronic verbatim record of proceedings although minutes of the proceedings may be non-verbatim, other material accepted as evidence, and the written order announcing a decision along with the findings of fact shall become a part of the official records of the Board of Adjustment.