HomeMy WebLinkAbout2019 09 10 Hearing Examiner Ordinance DRAFT
Draft: 9/10/2019 V6
1
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance amending the Jefferson } ORDINANCE NO. _______________
County Code Relating to the Hearing }
Examiner System and Procedures for }
Processing and Administering Land Use }
Permits, Repealing and Replacing the }
Jefferson County Code Relating to the }
Hearing Examiner, and Adopting the }
Hearing Examiner Rules of Procedure }
For Unincorporated Areas of Jefferson }
County }
WHEREAS, RCW 36.70.970, RCW 36.87.060(2), RCW 46.55.240, RCW 43.21A.075,
RCW 58.17.330, RCW 7.80.010(5), and WAC 458-14-136 authorizes county governments to
adopt a hearing examiner system which conducts quasi-judicial hearings or appeals usually heard
by the board of county commissioners, board of adjustment, or planning commission; and,
WHEREAS, Jefferson County established a hearing examiner system in 1991 to
adjudicate land use applications and appeals, road vacation applications, and other proceedings as
assigned; and,
WHEREAS, Jefferson County recently has adopted legislation delegating additional non-
land use proceedings to the hearing examiner, such as the public nuisance ordinance and operating
permits under the commercial shooting facility ordinance; and,
WHEREAS, Jefferson County has a need for the hearing examiner to adjudicate land use
and non-land use applications, hearings, and appeals in a single combined quasi-judicial system,
except where appeals to the Jefferson County Board of Health are required; and,
WHEREAS, the Jefferson County hearing examiner ordinances have not been updated to
reflect the hearing examiner’s current duties, practices, or rules; and,
WHEREAS, Jefferson County adopted these changes to the hearing examiner system to
ensure a consistent quasi-judicial process for land use and non-land use proceedings; and,
WHEREAS, Chapter 36.70A and 36.70B RCW authorize local governments to adopt
procedures for timely and consistently processing land use applications; and,
WHEREAS, the proposed Hearing Examiner Code and Hearing Examiner Rules of
Procedure provide further procedures and processes for hearings and appeals conducted before the
hearing examiner; and,
WHEREAS, the proposed changes to the Jefferson County Code include amendments to
streamline and clarify permit processing, including amendments to the permit processing timeline,
Draft: 9/10/2019 V6
2
vesting of land use applications, authority of Title 18 Jefferson County Code (Unified
Development Code) Administrator to revoke or modify approved permits, and expiration of land
use applications; and,
WHEREAS, the proposed changes to the Jefferson County Code are not development
regulations under the Unified Development Code as the adopted changes relate solely to
administrative processes and procedural regulations; and,
WHEREAS, the board of county commissioners (BoCC) has held a hearing and has
received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made,
NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS”
statements) as its findings of fact in support of this Ordinance.
Section 2. Chapter 2.30 JCC Adopted. Chapter 2.30 JCC shall be added as set forth in
Appendix A.
Section 3. Hearing Examiner’s Rule of Procedure Adopted. The Hearing Examiner’s Rule
of Procedures is adopted as set forth in Appendix B.
Section 4. Amendments to Title 12 and 18 JCC. This Ordinance amends Title 18 JCC by
repealing JCC 18.05.080, 18.05.085, 18.40.300, and 18.40.310. This Ordinance amends Title 12
and 18 JCC by amending JCC 12.10.060, 18.10.010, 18.10.030, 18.10.080, 18.10.160, 18.40.040,
18.40.080, 18.40.150, 18.40.170, 18.41.180, 18.40.190, 18.40.280, 18.40.320, 18.40.330,
18.40.390, and 18.40.810. This Ordinance adds sections in Chapter 18.40 JCC relating to
expiration of applications, vesting of applications, and suspension, modification, and revocation
of permits. Amendments are set forth in Appendix C with strikethroughs as deletions and
underlines as additions.
Section 5. Severability. The provisions of this Ordinance are declared separate and
severable. If any provision of this Ordinance or its application to any person or circumstances is
held invalid, then the remainder of this Ordinance or application of its provisions to other persons
or circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
Draft: 9/10/2019 V6
3
ADOPTED this _____ day of _________________________ 2019, at ___: ___
a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
Kate Dean, Chair
______________________________
David Sullivan, Member
ATTEST: ______________________________
Greg Brotherton, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney