A. The Examiner shall receive and examine relevant information, conduct public hearings, maintain a record thereof, and enter findings of fact, conclusions of law, and recommendations to the City Council or other order, as appropriate, in the following matters:
2. Formation of Local Improvement Districts (Chapter
10.04);
3. Approval of Local Improvement District assessments (Chapter
10.04);
4. Dangerous sidewalks proceedings (Chapter
10.18);
5. Petitions for street and alley vacations (Chapter
9.22);
6. Appeals of administrative determinations to the City Council if delegated under TMC §
1.06.820; and
7. Appeals arising under the City’s Code of Ethics as set forth in TMC §§
1.46.025F and
1.46.040F and
G. Hearing Examiner recommendations under this subsection shall be to the person(s) or body responsible for acting on the Hearing Examiner’s order or recommendation.
B. In regard to the matters set forth below, the Examiner shall conduct adjudicative proceedings, maintain a record thereof, and enter findings of fact, conclusions of law, and a final decision or other order, as appropriate:
1. Applications for preliminary plat approval for subdivisions exceeding nine lots (Chapter
13.04);
2. Appeals from decisions of the Director of Planning and Development Services (Chapters
13.05 and
13.06);
3. Appeals from decisions denying a street tree permit pursuant to Chapter
9.20 TMC;
4. Appeals from the decisions or order of the Health Officer regarding violations of the Infectious Waste Management Code (Section
5.04.170);
5. Appeals from the Health Officer’s denial of a permit to operate a swimming pool under Chapter
5.50 (Section
5.50.030);
6. Appeals from denial or revocation of a permit for sidewalk vending (Section
6B.180.120);
7. Appeals regarding determinations of unlawful discriminatory practice under the Human Rights Commission chapter (Chapter
1.29);
8. Appeals from determinations of the Chief of Police, or his or her designee, regarding Potentially Dangerous Dogs and Dangerous Dogs (Chapter
17.04);
9. Appeals arising out of the Tax and License Code (Title 6);
11. Appeals arising under the City’s commute trip reduction ordinance (Chapter
13.15);
12. Actions brought under the City’s Whistle Blower Policy;
13. Appeals from the film production coordinator’s decisions regarding productions of motion pictures within the City (Section
11.10.140);
14. Appeals from denial of special permits regarding solid waste recycling (Section
12.09.070);
15. Matters referred for adjudication by the Civil Service Board under its rules of procedure (Charter Section 6.11(c));
16. Appeals arising under the City’s concurrency management ordinance (Chapter
13.16);
17. Hearing of violations of the City’s Ethics Code (Chapter
1.46);
18. Appeals from the Environmental Services Director’s determination of civil penalties or any other charge, order, requirement, decision, or determination issued by the Director or his or her staff pursuant to the sewage disposal and drainage regulations ordinance (Chapter
12.08);
19. Appeals from the Environmental Services Director’s determination of civil penalties for violations of the solid waste ordinance and appeals arising out of the imposition by the Director, or his or her staff, of solid waste utility charges; provided, that the Hearing Examiner shall not adjudicate claims with respect to any rate set by the City Council in a rate ordinance nor hear any challenge to the rate-making process (Chapter
12.09);
20. Appeals from the decision of the Community and Economic Development Department Director denying or canceling a final Certificate of Tax Exemption under Tacoma’s Mixed-Use Center Development ordinance (Chapter
13.17);
21. Appeals arising from the imposition of charges for service issued by the Department of Public Utilities, as well as those arising from disputes concerning utility service, use of watershed or other Department property, and termination of any use; provided, that the Hearing Examiner shall not adjudicate claims with respect to any rate set by the City Council in a rate ordinance nor hear any challenge to the rate-making process (Chapters
12.06 and
12.10);
22. Appeals arising out of the City’s Minimum Building and Structures Code (Chapter
2.01);
23. Appeals from sign enforcement (Sections 13.06.520 to 13.06.522);
24. Applications for projects that require land use permits from the City of Tacoma as well as from a neighboring jurisdiction transferred to the jurisdiction of the Hearing Examiner in accordance with Section
13.05.040F;
25. Appeals from Chronic Nuisance Code enforcement (Section
8.30A.080);
26. Appeals arising from a decision to deny a special street use permit, pursuant to Subtitle 16B;
27. Appeals arising from a decision to deny a telecommunications system franchise, pursuant to Subtitle 16B;
28. Appeals arising from a decision to deny a telecommunications system license, pursuant to Subtitle 16B;
29. Appeals arising from the establishment of a reimbursement assessment area and levying of a reimbursement assessment upon benefited property owners, pursuant to Chapter
35.72 RCW and applicable City ordinances;
30. Applications for wetland and stream development permits, wetland and stream assessments, and wetland delineation verifications in conjunction with a preliminary plat approval or reclassification (Chapter
13.11);
31. Appeals regarding overpayment of wages (Section
1.12.071);
32. Administrative hearings related to the breach or termination of cable television franchises granted, pursuant to Subtitle 16A;
33. Applications for Conditional Use Permits (Section 13.06.640);
34. Appeals from Poultry and Pigeons enforcement (Section
5.30.040);
35. Appeals from determinations related to certification and enforcement of violations for Small Business Enterprise (Chapter
1.07).
36. Appeals arising out of the Nuisance Code (Chapter
8.30).
37. Appeals arising out of the Public Nuisance Vehicle Code (Chapter
8.23).
38. Appeals arising out of the Noise Code (Chapter
8.122).
39. Appeals from the decision of the Landmarks Preservation Commission regarding Certificates of Approval (Section 13.05.047G).
40. Appeals arising from violations of the Rental Housing Code (Chapter
1.95).
41. Appeals arising from orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the City's Building Code (Chapter
2.02), Plumbing Code (Chapter
2.06), Mechanical Code (2.07), and Energy Code (Chapter
2.10).
42. Appeals arising from orders, decisions, or determinations made by the Fire Code Official relative to the application and interpretation of the City's Fire Prevention Code (Chapter
3.02).
(Ord. 25848 § 1, 1996-02-27; Ord. 26129 § 2, 1997-09-16; Ord. 26247 § 1, 1998-06-02; Ord. 26381 § 1, 1999-03-16; Ord. 26386 § 5, 1999-03-23; Ord. 26435 § 1, 1999-06-08; Ord. 26485 § 1, 1999-08-03; Ord. 26585 § 1, 2000-03-14; Ord. 26949 § 1, 2002-07-16; Ord. 26955 § 1, 2002-06-04; Ord. 27002 § 1, 2002-11-12; Ord. 27044 § 2, 2003-02-25; Ord. 27129 § 8, 2003-08-05; Ord. 27153 § 2, 2003-10-21; Ord. 27429 § 1, 2005-11-15; Ord. 27431 § 1, 2005-11-15; Ord. 27447 § 1, 2005-12-13; Ord. 27466 § 14, 2006-01-17; Ord. 27504 § 7, 2006-06-27; Ord. 27637 Ex. B, 2007-08-28; Ord. 27844 Ex. A, 2009-11-10; Ord. 27911 Ex. A, 2010-08-03; Ord. 27913 Ex. A, 2010-08-10; Ord. 27936 Ex. A, 2010-10-19; Ord. 28050 Ex. A, 2012-02-14; Ord. 28085 Ex. B, 2012-08-28; Ord. 28109 Ex. C, 2012-12-04; Ord. 28141 Ex. B, 2013-03-26; Ord. 28272 Ex. A, 2014-12-16; Ord. 28461 Ex. A, 2017-10-24; Ord. 28492 Ex. A, 2018-02-27; Ord. 28508 § 3, 2018-04-26; Ord. 28559 Ex. B, 2018-11-20; Ord. 28926 Ex. B, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)