(1) 
Only a single open record hearing will be held on any development project permit application. Administrative decisions are appealable to the hearing examiner. The hearing examiner will conduct a public hearing in which public testimony and new information may be presented (open record hearing).
(2) 
Appeals of hearing examiner's decisions shall be made to superior court as provided in MMC § 22G.010.560.
(Formerly 22G.010.520; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 33, 2015)
(1) 
Administrative interpretations and administrative approvals may be appealed by applicants or aggrieved adjacent property owners to the hearing examiner. Appeals shall be filed within 14 days of the notice of decision.
(2) 
Filing. Appeals of administrative interpretations and administrative approvals shall be filed in writing with the director within 14 calendar days following the date of the director's decision and shall be accompanied by the appropriate filing fee.
(3) 
Grounds for Appeal. The grounds for reconsideration of a hearing examiner decision or for filing an appeal of an administrative decision shall be limited to the following:
(a) 
The examiner/director exceeded his jurisdiction;
(b) 
The examiner/director failed to follow the applicable procedure in reaching his decision;
(c) 
The examiner/director committed an error of law or misinterpreted the applicable city regulation, ordinance or other state law or regulation;
(d) 
The examiner's/director's findings, conclusions and/or conditions are not supported by the record; and/or
(e) 
Newly discovered evidence alleged to be material to the examiner's decision which could not reasonably have been produced prior to the examiner's/director's decision.
Requests for reconsideration may use the additional grounds:
(f) 
Changes to the application proposed by the applicant in response to deficiencies identified in the decision.
(4) 
Contents of Appeal. The notice of appeal shall contain a concise statement identifying:
(a) 
A detailed statement of the grounds for appeal, making reference to each finding, conclusion, or condition which is alleged to contain error;
(b) 
A detailed statement of the facts upon which the appeal is based;
(c) 
The name and address of the appellant and his interest(s) in the matter;
(d) 
The appeals fee.
(5) 
Within 21 calendar days following timely filing of a complete appeal with the city, notice of the date, time, and place for hearing examiner consideration shall be mailed to the appellant, to the examiner, and to all other parties of record.
(6) 
All appeal proceedings shall be limited to those issues expressly raised in a timely written appeal.
(7) 
The director's decisions which have been timely appealed shall go to the hearing examiner for consideration within no sooner than 21 nor longer than 60 days from the date the appeal was filed. Said appeal shall be conducted as an open record hearing. Public comment and testimony shall be heard at such public hearing.
(Formerly 22G.010.530; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 34, 2015)
(1) 
Appeals from the final decision of the hearing examiner, or other city board or body involving MMC Title 22 and for which all other appeals specifically authorized have been timely exhausted, shall be made to Snohomish County superior court pursuant to the Land Use Petition Act, Chapter 36.70C RCW, within 21 days of the date the decision or action became final, unless another applicable appeal process or time period is established by state law or local ordinance.
(2) 
Notice of the appeal and any other pleadings required to be filed with the court shall be served as required by law within the applicable time period. This requirement is jurisdictional.
(3) 
The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The record of the proceedings shall be prepared by the city or such qualified person as it selects. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant.
(Formerly 22G.010.540; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 35, 2015)