17.185.030 Appeal Procedure | Pullman City Code

17.185.030 Appeal Procedure.

(1) Written Appeal. Appeals shall be written and shall include the following:

(a) The name of the project applicant and the date of the decision, or the name of the person who has received a Notice to Abate under PCC 5.01.080 and the date of the notice;

(b) The name and address of the person appealing, and his or her interest in the matter;

(c) A brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant;

(d) A brief statement of the relief sought and the reasons why it is claimed the action appealed from should be reversed, modified, or otherwise set aside;

(e) Regarding actions pertinent to PCC Title 17, a list of property owners as specified in PCC 17.170.020(1)(a) if no public hearing has been held earlier; and

(f) An appeal fee established pursuant to PCC 17.10.060.

(a) In actions arising under PCC Title 17, the appellant shall file an appeal with the Department of Community Development within ten (10) days after the date of the decision being appealed.

(b) In actions arising under PCC Title 5, the appellant shall file an appeal with the City Clerk within five (5) days after the date of the Notice of Abate.

(3) Rejection of Appeal. If an appeal is not properly filed because one or more of the required materials set forth in subsection (1) of this section has not been submitted within the time limit established in subsection (2) of this section, the city administrator or his/her designee has the authority to reject the appeal. In such instances, the city administrator or designee shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).

Nothing in this section shall be construed to limit the City’s authority to proceed with summary abatement under PCC 5.01.120.

(4) Stay of Proceedings. If an appeal is properly filed within the time limit, the appealed decision shall be suspended, and no further action which is the subject of the appeal may be taken until the appeal is decided, but if a suspension would cause imminent peril to life or property, development action may be continued only by an order issued by the hearing examiner or by a court of competent jurisdiction.

(a) If an appeal relating to PCC Title 17, Zoning Code, is properly filed within the time limit, the Director of Community Development shall:

(i) Set the hearing on the appeal for a date that is within ninety (90) days of the date the appeal was filed;

(ii) Give notice of the hearing as specified in PCC 17.170.020; and

(iii) Provide the hearing examiner with copies of the staff report, minutes if any, the decision, a preliminary response to the appeal, and other relevant material. The project applicant, appellant, and other interested parties who have made requests to the Department of Community Development shall be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so.

(b) If an appeal related to PCC Title 5, Health and Sanitation, is properly filed within the time limit, the City shall set the date and give notice of hearing on the appeal for the earliest practicable date, but not more than thirty (30) calendar days from the date the written appeal was filed.

(a) On matters related to PCC Title 17, Zoning Code:

(i) The hearing examiner shall hold a public hearing on the appeal in the manner provided in Chapter 17.170 PCC.

(ii) The hearing examiner shall base their decision on the same standards and criteria set forth in this Title for the original decision.

(iii) The hearing examiner may affirm, modify, or reverse the action of the staff.

(iv) The decision of the hearing examiner shall include any conditions placed on the approval if approval is granted.

(v) The decision of the hearing examiner shall be final and conclusive, unless within twenty-one (21) days from the date of the decision the project applicant, appellant, or an aggrieved person files with the Superior Court of Whitman County a land use petition in accordance with Chapter 36.70C RCW, as it now exists or may hereafter be amended.

(b) On matters related to PCC Title 5, Health and Sanitation:

(i) The hearing examiner shall hold a public hearing on the appeal of the Notice to Abate under the procedures established in PCC 17.170.030, except as stated in this section. The hearing examiner may affirm, modify, or reverse the Notice to Abate.

(ii) The City shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable.

(iii) The determination of the applicable responsible official as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action.

(iv) If the hearing examiner determines that a violation of PCC Title 5 has occurred, the hearing examiner shall issue an order to the person responsible for the violation which contains the following:

1. The hearing examiner’s decision on the Notice to Abate, including findings of fact and conclusions based thereon in support of the decision.

2. The required corrective action, with any modifications expressly stated.

3. The date and time at which the City may proceed with abatement of the violation if the required corrective action is not completed.

4. A copy of the hearing examiner’s Order shall be sent via U.S. Mail to the last known owner as listed in the tax records of Whitman County, if the owner is not a party to the appeal. (Ord. 22-2 §6, 2022; Ord. 21-15 §6, 2021; Ord. 07-9 §3, 2007; Ord. 03-33 §66, 2003; Ord. 87-9 §1, 1987).