A hearing examiner system for the city is established. The hearing examiner is to operate in the manner and for the purposes set forth in this chapter, and shall have the powers and duties as enumerated in this chapter, or as elsewhere provided by city ordinance.
(Ord. 757 § 1 (part), 1993; Ord. 1088 § 2 (part), 2003)
A. 
The hearing examiner shall be appointed by the mayor, and confirmed by a majority of the members of the city council according to the confirmation process established by council resolution. The hearing examiner shall be appointed for a term of one year and thereafter may be appointed for succeeding one-year terms. The mayor shall have the power of removal of such appointee upon filing a statement of the reasons therefor with the city council, and subject to confirmation by a majority of the members of the city council.
B. 
The hearing examiner shall have seven years' experience as an attorney with land use experience, or seven years' experience in a land use-related field, or some combination of both which would qualify as seven years' necessary training and experience.
C. 
The mayor may, from time to time, appoint hearing examiners pro tempore to serve on a day-to-day basis during the absence, unavailability, incapacity or disqualification of the hearing examiner, and each such hearing examiner pro tempore shall, as a minimum, have similar qualifications to the hearing examiner. The appointment shall be subject to the majority confirmation of the city council.
(Ord. 757 § 1 (part), 1993; Ord. 1088 § 2 (part), 2003)
A. 
The hearing examiner shall approve, approve with conditions, or deny:
1. 
All such land use applications or appeals where the hearing examiner is identified as the permit authority in Chapter 17.13, Land Use and Development Review Procedures.
2. 
Adult entertainment licensing and operation appeals, Chapter 5.06.
3. 
Public hearings for the abatement of unauthorized, abandoned and junk vehicles, Chapter 9.47.
4. 
Commute trip reduction appeals, Chapter 10.24.
5. 
Appeals of notices of civil violations and declarations of dangerous animals as provided for pursuant to Title 6, Animals, unless an animal control hearing examiner has been appointed by the mayor and confirmed by a majority of the members of the city council pursuant to Section 2.38.040.
B. 
In the performance of duties prescribed by this chapter or other ordinances, the hearing examiner is authorized to:
1. 
Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions; provided, that no person shall be compelled to divulge information which he or she should not be compelled to divulge in a court of law;
2. 
Hold public hearings and regulate the course of such hearings in accordance with rules enacted under this chapter and other applicable ordinances;
3. 
Dispose of procedural requests or similar matters;
4. 
Make such recommendations as are contemplated herein and by other ordinances conferring jurisdiction on the hearing examiner;
5. 
Make rules for the conduct of hearings, notices and other proceedings and procedures not inconsistent with this chapter and other applicable ordinances. An audio or video record of the hearing proceedings shall be maintained and shall be made available for public review;
6. 
Reconsider the hearing examiner's decision on any matter previously before the hearing examiner provided the following conditions are met:
a. 
Payment of the reconsideration fee as established by resolution of the city council, to be imposed and due regardless of the outcome of the request for reconsideration,
b. 
There is new evidence discovered that could not have been procured by due diligence, and is deemed relevant to the proceeding by the hearing examiner; or there is a change in pertinent law or the pertinent facts of the proceeding that is determined to be relevant to the proceeding by the hearing examiner,
c. 
There is a written request filed within ten working days of the date of the initial decision of the hearing examiner by any person who attended the initial public hearing and signed the attendance register and/or presented testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation; provided, however, that any request for reconsideration, regardless of any other such requests that have been made, must be filed within ten working days of the date of the initial decision of the hearing examiner. The filing of any request for reconsideration shall not stay the time limit required for any other requests for reconsideration. If any request for reconsideration is not filed within ten days from the date of the initial decision of the hearing examiner, then it will not be timely. Once the request(s) for reconsideration have been resolved, the recommendation shall be forwarded to the city council,
d. 
Such request for reconsideration shall cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. The hearing examiner shall promptly review any reconsideration request(s) and within five working days issue a written response to any and all requests. The hearing examiner shall either approve the request or set the matter for additional public hearing, or deny the request. The hearing examiner shall provide a written decision. In the case of approval of the request for reconsideration, the hearing examiner shall include the reasons for his/her decision and the scope and procedures to apply to any subsequent public hearing on such. In order for the hearing examiner to approve the request, the hearing examiner must find that the new evidence could not have been obtained by due diligence and/or the change in the law or facts is significant and may alter his/her decision or recommendation. The hearing examiner will then hold another public hearing upon notice to all persons entitled thereto not less than fifteen nor more than forty-five days from the hearing examiner's decision on such, unless extended by mutual agreement of the parties. The hearing examiner may, at his/her discretion, elect to present a brief to the city council outlining the error or omission and its anticipated impact on his/her decision.
(Ord. 757 § 1 (part), 1993; Ord. 1088 § 2 (part), 2003; Ord. 1267 § 6, 2011; Ord. 1341 § 1, 2013; Ord. 1394 § 2, 2017)
A. 
The mayor may appoint a special animal control hearing examiner to hear appeals of notices of civil violations and declarations of dangerous animals as provided for pursuant to Title 6, Animals.
B. 
If a special animal control hearing examiner is appointed, then the power to hear all appeals of notices of civil violations and declarations of dangerous animals as provided for pursuant to Title 6, Animals, shall be exclusively assigned to the animal control hearing examiner.
C. 
While performing duties as prescribed by this chapter or other ordinances, the animal control hearing examiner has the same authority as described in Section 2.38.030(B).
D. 
The animal control hearing examiner shall be confirmed by a majority of the members of the city council according to the confirmation process established by council resolution. The hearing examiner shall be appointed for a term of one year and thereafter may be appointed for succeeding one-year terms. The mayor shall have the power of removal of such appointee upon filing a statement of the reasons therefor with the city council, and subject to confirmation by a majority of the members of the city council.
E. 
The animal control hearing examiner shall have experience as an attorney related to animal control regulations and dangerous animal declarations.
(Ord. 1341 § 2, 2013)