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RESOLUTION NO. 7 Lj- 7'3
RESOLUTION ESTABLISHING PROCEDURES FOR REVIEW
WHEREAS, Laws of 1977, First Extraordinary Session, Chapter
278, amends the State Environmental Policy Act of 1971 (RCW
43.21C.060) to provide that denial of a governmental action or
imposition of conditions on a governmental action, when not
requiring a legislative decision and when made by a non-elected
official of a local government agency, are to be appealable to
the County Commissioners in accordance with established procedure;
Now, Therefore, denial of a governmental action or imposition of
conditions on a governmental action made by a non-elected official
of Jefferson County may be appealed as follows:
(1) In the event that a non-elected official of Jefferson
County either conditions or denies a governmental action not
requiring a legislative decision, based on the State Environmental
Policy Act of 1971 or on Section 2 of Jefferson County Ordinance
No. 1-77, then such decision shall be appealable to the Board of
County Commissioners.
(2) Such appeals may be brought by the applicant or any
aggrieved party by filing a letter of appeal with the Clerk of
the Board of Commissioners within ten (10) days of the date of
the decision appealed. If the appeal is from denial of a governmental
action, then the appeal letter shall state specifically the
grounds for the appeal. If the appeal is from imposition of
conditions, then the appeal letter shall state specifically:
(a) which conditions are appealed; and
(b) the grounds for appeal of each such condition so
appealed; and
(c) what substituted conditions, if any, the appellant
believes would be appropriate.
(3) Other affected parties shall have the right to cross
appeal by filing a letter of cross appeal within five (5) days of
notification of the original appeal.
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(4) The Board of County Commissioners shall conduct a
hearing on such appeal at the second regularly scheduled Commissioners'
meeting to be held after receipt of the appeal letter and shall
notify the appellant and any other affected party of the date and
time of the hearing seven (7) days prior to the hearing.
(5) Appeals shall be considered de novo and limited to the
issues cited in the letter of appeal. The determination appealed
from shall be accorded substantial weight and the burden of
establishing the contrary shall be upon the appealing party.
(6) The County Commissioners shall issue a decision in the
form of a motion which affirms the decision of the non-elected
official, orders issuance of a denied permit, directs modification
of a condition or conditions, or order other appropriate relief.
Such a decision shall be made within ten (10) days of the close
of the hearing.
(7) This resolution shall not apply with regard to permits
or variances issued pursuant to the Shorelines Management Act of
1971.
ADOPTED this 28th day of August, 1978.
BOARD OF JEFFERSON COUNTY
COMMISSIONERS
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Carroll M. Mercer, Chairman
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B.G. Brown, Member
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William E. Howard
JEFFERSON COUNTY PROSECUTING ATTORNEY
P. O. Box 700
Port Townsend, Washington 98368
Telephone (206) 385-2044
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AUG 23 1978
August 23, 1978
JEFFERSON COUNTY
SOARD Of COMMISSION EftS
Mr. Carroll M. Mercer, Chairman
Jefferson County Commissioners
Courthouse
Port Townsend, Washington 98368
Re: Permits Conditioned or Denied by Non-Elected Official -
Appeal Procedures
Dear Mr. Mercer:
On August 22 I mentioned to you the 1977 amendment to RCW 43.21C.060
which requires a procedure by which an aggrieved party may appeal
when a non-elected county official conditions or denies a permit
or variance. Enclosed is a draft of a resolution which could be
used to establish procedural rules for such an appeal.
In light of the Pacific Rim Group, Inc. building permit application,
which is presently pending, I suggest that the Board of Commissioners
implement this resolution at its August 28th regular Board Meeting.
Very truly yours,
William E. Howard
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enclosure
cc: David Goldsmith (with enclosure)