The purpose of this chapter is to:
(1) 
Separate the land use regulatory function from the land use planning process;
(2) 
Ensure procedural due process and appearance of fairness in regulatory hearings and decisions;
(3) 
Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters;
(4) 
Provide for consistency and predictability in decision making and the application of policies and regulations adopted by the city;
(5) 
Provide a forum for conducting public hearings required by the Bremerton Municipal Code; and
(6) 
Provide a forum for hearing appeals of administrative decisions and other matters as established by the Bremerton Municipal Code.
(Ord. 4778, Added, 11/05/2001; Ord. 4798, Amended, 05/10/2002)
The position of the Administrative Hearing Examiner (also referred to in this chapter as "Hearing Examiner" or "examiner") is hereby created. The Administrative Hearing Examiner shall review and interpret land use regulations; conduct hearings, render decisions, and make recommendations on land use applications; hear appeals from administrative orders, recommendations, permits, decisions or determinations made by a city official as set forth in this chapter, and review and hear other matters as provided for in the Bremerton Municipal Code and other ordinances. The term "Administrative Hearing Examiner" shall likewise include the examiner pro tem.
(Ord. 4798, Added, 05/10/2002)
The Administrative Hearing Examiner shall be appointed by the Mayor subject to confirmation by the City Council. The appointment may be made as a contract employee or as an independent contractor for a term and on conditions determined appropriate by the City Council. The Examiner(s) pro tem shall be selected by and serve at the pleasure of the Mayor. In the absence or the inability of the Administrative Hearing Examiner to act, or when expertise is needed to hear a particular matter, the examiner pro tem shall serve in place of the Administrative Hearing Examiner and shall have all the duties and powers of the Administrative Hearing Examiner. The Administrative Hearing Examiner may be terminated in accordance with the contract terms. An examiner pro tem may be terminated by the Mayor at will.
(Ord. 4778, Added, 11/05/2001; Ord. 4798, Amended, 05/10/2002)
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the City of Bremerton.
(Ord. 4778, Added, 11/05/2001; Ord. 4798, Amended, 05/10/2002)
No city official, elective or appointive, shall attempt to influence the Administrative Hearing Examiner in any matter officially before him so as to constitute misconduct of a public office under Chapter 42.20 RCW or a violation of the appearance of fairness doctrine. No member of the council shall participate in any proceedings on appeal from the Administrative Hearing Examiner's decision if to do so will constitute a conflict of interest or violation of the appearance of fairness doctrine. The Administrative Hearing Examiner shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such conflicts or violations cannot be avoided in a particular case, the examiner shall assign an examiner pro tem to act in his absence.
(Ord. 4778, Added, 11/05/2001)
The Administrative Hearings Examiner is empowered to adopt rules for the scheduling and conduct of hearings and other procedural matters related to the duties he is required to perform. The rules shall include any procedural rules for conducting hearings as set forth in the Bremerton Municipal Code. The rules shall provide for the process to be effective and efficient while assuring that the participants are afforded an opportunity to present their case without unnecessary emphasis upon formal procedure. The examiner shall have the authority to subpoena witnesses, and to the extent necessary to assure a fair hearing and to afford each party the opportunity to present their case, may allow limited discovery if it is not unduly burdensome, will not unnecessarily delay the proceedings, and the information is not otherwise available.
(Ord. 4778, Added, 11/05/2001; Ord. 4798, Amended, 05/10/2002)
(1) 
The Administrative Hearing Examiner shall have jurisdiction to:
(a) 
Conduct hearings, render decisions, make recommendations and to hear appeals of administrative decisions on land use applications as specified in BMC Title 20, as amended.
(b) 
Conduct public hearings on all local improvement districts and utility local improvement districts.
(c) 
Hear an appeal of a department director's administrative decision when provided in the Bremerton Municipal Code.
(d) 
Hear code enforcement matters pursuant to provisions of the Bremerton Municipal Code.
(e) 
Conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct open-record public hearings or closed-record appeals in accordance with the provisions of the Bremerton Municipal Code; conduct such other hearings as the city council may from time to time deem appropriate.
(f) 
Hear such other matters as may be designated by the Bremerton Municipal Code and/or the City Council.
(2) 
It is the intent that all quasi-judicial appeals of land use decisions, which have prior to the enactment of this chapter been heard by the city council and/or the planning commission, now be heard by the Administrative Hearing Examiner pursuant to this chapter, and to the extent other provisions of the Bremerton Municipal Code are inconsistent, jurisdiction for such quasi-judicial appeals will be with the Administrative Hearing Examiner unless otherwise required by state or federal law.
(3) 
Unless otherwise indicated, all other references in the Bremerton Municipal Code to "Hearing Examiner" shall not mean the Municipal Court Hearing Examiner except for those matters established pursuant to Chapter 2.62 of the Bremerton Municipal Code over which the Municipal Court Hearing Examiner will have jurisdiction.
(Ord. 4778, Added, 11/05/2001; Ord. 4798, Amended, 05/10/2002; Ord. 4970 § 1, 2006)
The Administrative Hearing Examiner shall have the following duties with respect to applications of matters submitted before him or her.
(1) 
Appeals of Administrative Decisions/Determinations. The Administrative Hearing Examiner shall hear open-record appeals of administrative decisions/determinations submitted before him or her, prepare a record thereof, and enter findings of fact and conclusions based upon these facts, which findings and conclusions shall represent final action unless appealed as specified in BMC § 2.13.130, for the following:
(a) 
Appeals of all Type I and Type II project permit decisions identified in BMC § 20.02.040 and appealed pursuant to BMC § 20.02.140(a)(3).
(b) 
Appeals of business license denials, revocations and regulations as authorized pursuant to BMC Title 5.
(c) 
Appeals of right-of-way use permit application decisions made pursuant to Chapter 11.02 BMC.
(d) 
Appeals of administrative decisions on shoreline substantial developmental permits pursuant to BMC § 20.02.140(b) and Chapter 7(c)(4) of the City of Bremerton Shoreline Master Program.
(e) 
Appeals of administrative decisions on short subdivisions and plats pursuant to BMC § 20.12.100.
(f) 
Appeals of administrative determinations applying the City Building Code pursuant to BMC § 17.04.140.
(g) 
Appeals of administrative determinations applying the Uniform Fire Code pursuant to BMC § 18.02.180.
(2) 
Decisions of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine available information, conduct open-record public hearings, prepare a record thereof, enter findings of fact and conclusions based upon these facts, and render a decision, which decision shall represent the final action on the application, unless appealed, as specified in BMC § 2.13.130 for all Type III project permit applications identified in BMC § 20.02.040.
(3) 
Recommendations of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine available information, conduct open predecision public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the city council, for the following:
(a) 
All Type IV project permit applications identified in BMC § 20.02.040.
(b) 
Local Improvement districts and utility local improvement district formation and assessments pursuant to Chapter 11.04 BMC and Chapters 35.43 and 35.44 RCW.
(Ord. 4798, Added, 05/10/2002; Ord. 4970 § 2, 2006)
Applications to the Administrative Hearing Examiner for a decision, recommendation or an appeal shall be filed with the Department of Community Development. Applications shall be filed with the applicable filing fee as set forth in Chapter 3.01 BMC. When it is found an application or appeal meets the filing requirements of the affected City Code, rule or regulation, the application shall be accepted. The Administrative Hearing Examiner shall be responsible for assigning a date for the public hearing for each application or appeal. Hearings on project permit applications are subject to the notice and hearing requirements set forth in the Bremerton Municipal Code.
(Ord. 4798, Added, 05/10/2002; Ord. 4836, Amended, 12/20/2002; Ord. 4894 § 1, 2004)
(1) 
Before rendering a decision or recommendation on any land use application, the Administrative Hearing Examiner shall hold one (1) open-record public hearing thereon.
(2) 
For all applications, notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least ten (10) working days prior to such hearing.
(3) 
The Administrative Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order.
(Ord. 4798, Added, 05/10/2002)
(1) 
The Administrative Hearing Examiner's recommendation or decision may be to grant or deny the application, or the Administrative Hearing Examiner may recommend or require of the applicant such conditions, modifications and restrictions as the Administrative Hearing Examiner finds necessary to make the application compatible with its environment, with applicable State laws, and to carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights-of-way. Performance bonds or other financial assurances may be required to ensure compliance with conditions, modifications and restrictions.
(2) 
In regard to all Type IV project permit applications identified in BMC § 20.02.040, the Administrative Hearing Examiner's findings and conclusions and recommendation shall be submitted to the City Council, which shall have the final authority to act on such applications. The hearing by the Administrative Hearing Examiner shall constitute an open-record predecision hearing before the final decision is made by the City Council. The Administrative Hearing Examiner shall file its recommendation with the City Council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the decision on reconsideration.
(3) 
When the Administrative Hearing Examiner renders a decision or recommendation, the Administrative Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be rendered within ten (10) working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to on the record by the applicant and the Administrative Hearing Examiner. The copy of such decision, including findings and conclusions, shall be transmitted by first class mail to the applicant and other parties of record in the case requesting the same.
(4) 
In the case of shoreline substantial development permits, pursuant to RCW 90.58.140(11)(a)(iii), appeals shall be decided within thirty (30) calendar days of filing of the appeal.
(5) 
The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any appeal to the Administrative Hearing Examiner shall be refunded to the appellant if the appellant is the substantially prevailing party.
(Ord. 4798, Added, 05/10/2002; Ord. 4894 § 2, 2004; Ord. 4970 § 3, 2006)
A party of record believing that a decision or recommendation of the Administrative Hearing Examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for reconsideration by the Administrative Hearing Examiner within fourteen (14) calendar days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Administrative Hearing Examiner may, after review of the record, take further action as he or she deems proper. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued.
(Ord. 4798, Added, 05/10/2002; Ord. 5148 § 2, 2011)
(1) 
Any party who feels aggrieved by the decision or other final action of the Administrative Hearing Examiner may submit an appeal within twenty-one (21) calendar days from the date the final decision of the Administrative Hearing Examiner is rendered to the Superior Court or to another designated forum.
(2) 
No appeal may be made from a recommendation of the Administrative Hearing Examiner.
(Ord. 4798, Added, 05/10/2002)
(1) 
Any application requiring action by the City Council shall be taken by the adoption of a motion, resolution or ordinance by the City Council. When taking any such final action, the City Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the findings and conclusions from the Administrative Hearing Examiner's recommendation.
(2) 
The action of the City Council, approving, modifying, or rejecting a recommendation of the Administrative Hearing Examiner, shall be final and conclusive. Appellants have twenty-one (21) calendar days from the date of City Council action to file an appeal with the superior court.
(Ord. 4798, Added, 05/10/2002)
For the purpose of BMC § 2.13.130 and § 2.13.140, the City's administrative staff shall be considered a "person" and/or "party" and shall have the same rights as any other person or party to make requests for reconsideration to the Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Examiner to Superior Court or to another designated forum.
(Ord. 4798, Added, 05/10/2002; Ord. 4970 § 4, 2006)