Administrative interpretations and administrative decisions pursuant to LMC § 21.09.030(A) and (I) and 21.09.040, including appeals of administrative decision or determinations made pursuant to Chapter 43.21C RCW, may be appealed, by applicants or parties of record, to the hearing examiner as provided for in LMC § 21.11.030. There are no appeals of administrative decisions issued pursuant to LMC § 21.09.030(B) through (H).
(Ord. 1088 § 2 (Exh. A), 1998; Ord. 1354 § 2 (Exh. B), 2010)
A. 
Appeals of a rezone not of general applicability (site specific) shall be made to the city council for review at a closed record appeal as provided for in LMC § 21.11.030. All other decisions of the hearing examiner may be appealed, by applicants or parties of record from the hearing examiner public hearing, to the Chelan County superior court as provided for in LMC § 21.11.040; provided, however, that no final decision of the hearing examiner may be appealed to Chelan County superior court unless such party has first brought a timely motion for reconsideration of the hearing examiner's decision pursuant to LMC § 21.15.120, and has paid the additional fee for the motion for reconsideration at the time of filing.
B. 
All decisions issued by the hearing examiner except appeals of a rezone not of general applicability (site specific) shall contain the following notice of appeal rights:
Applicants or parties of record may appeal this decision as provided for in LMC § 21.11.040; provided, however, that no such appeal may be filed unless such party has first brought a timely motion for reconsideration of this decision pursuant to LMC § 21.15.120.
C. 
Appeal fees for appeal to the hearing examiner or appeals of a hearing examiner's decision to superior court shall be paid at the time of filing of the appeal and such fees shall be established and modified from time to time, by separate resolution of the Leavenworth city council. Any such resolution may include, in addition to the appeal fee, the cost to the city of the hearing examiner's services related to the appeal and any motion for reconsideration thereof.
(Ord. 1088 § 2 (Exh. A), 1998; Ord. 1354 § 2 (Exh. B), 2010)
A. 
Appeals of decisions of the design review board may be appealed, by applicants or parties of record from the design review board public hearing, to the hearing examiner.
B. 
An applicant or party of record to a design review board's public hearing may appeal pursuant to the requirements of this chapter.
C. 
Appeal fees for appeal to the hearing examiner or appeals of a hearing examiner's decision to superior court shall be paid at the time of filing of the appeal and such fees shall be established and modified from time to time, by separate resolution of the Leavenworth city council. Any such resolution may include, in addition to the appeal fee, the cost to the city of the hearing examiner's services related to the appeal and any motion for reconsideration thereof.
D. 
The notice of appeal shall contain a concise statement including the following information:
1. 
The decision being appealed;
2. 
The name and address of the appellant and his/her interest(s) in the matter;
3. 
The specific reasons why the appellant believes the decision to be wrong, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision was wrong;
4. 
The specific desired outcome or changes to the decision;
5. 
The applicable appeal fee;
6. 
The notice of appeal shall include a copy of the receipt evidencing payment of the applicable appeal fee.
E. 
Upon receipt of a notice of appeal, the city shall schedule with the hearing examiner a closed record appeal hearing.
F. 
Closed record appeals shall be conducted in accordance with the hearing examiner's rules of procedure and shall serve to provide argument and guidance for the decision. Closed record appeals shall be conducted generally as provided for public hearings, except that no new evidence or testimony shall be given or received except as provided in this section. The parties to the appeal may submit timely written statements or arguments.
G. 
A hearing examiner decision following a closed record appeal hearing shall include one of the following actions:
1. 
Grant the appeal in whole or in part;
2. 
Deny the appeal in whole or in part;
3. 
Remand for further proceedings and/or evidentiary hearing in accordance with this section.
H. 
In the event the hearing examiner determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the hearing examiner may remand the matter back to the design review board to correct the deficiencies. The hearing examiner may receive new evidence in addition to that contained in the record on appeal only if it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:
1. 
The proper constitution of or disqualification grounds pertaining to the decision maker; and
2. 
The use of unlawful procedure.
(Ord. 1485 § 1 (Att. A), 2014)
A. 
Filing. Every appeal to the hearing examiner shall be filed with the director within 10 days after the date of the decision of the matter being appealed. If the 10-day period ends on a weekend or a holiday, the following working day shall be the tenth day. Every appeal to the hearing examiner shall be accompanied by the applicable appeal fee established by resolution of the Leavenworth city council. Failure to pay the appeal fee within said 10-day period shall subject the appeal to summary dismissal by the hearing examiner.
B. 
Contents. The notice of appeal shall contain a concise statement including the following information:
1. 
The decision being appealed;
2. 
The name and address of the appellant and his/her interest(s) in the matter;
3. 
The specific reasons why the appellant believes the decision to be wrong, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision was wrong;
4. 
The specific desired outcome or changes to the decision;
5. 
The applicable appeal fee;
6. 
The notice of appeal shall include a copy of the receipt evidencing payment of the applicable appeal fee.
C. 
Process. Upon receipt of a notice of appeal containing all information required in subsection (B) of this section, the department of community development shall schedule with the applicable hearing body either an open record hearing or a closed record appeal hearing if an open record hearing has already been held on an application.
D. 
Closed record appeals shall be conducted in accordance with the hearing body's rules of procedure and shall serve to provide argument and guidance for the body's decision. Closed record appeals shall be conducted generally as provided for public hearings, except that no new evidence or testimony shall be given or received except as provided in subsection (D)(3) of this section. The parties to the appeal may submit timely written statements or arguments.
1. 
A council/hearing examiner decision following a closed record appeal hearing shall include one of the following actions:
a. 
Grant the appeal in whole or in part;
b. 
Deny the appeal in whole or in part;
c. 
Remand for further proceedings and/or evidentiary hearing in accordance with subsections (D)(2) and (3) of this section.
2. 
In the event the city council/hearing examiner determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the council/hearing examiner may remand the matter back to the hearing body to correct the deficiencies. The council shall specify the items or issues to be considered and the time frame for completing the additional work.
3. 
The council/hearing examiner may receive new evidence in addition to that contained in the record on appeal only if it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:
a. 
The proper constitution of or disqualification grounds pertaining to the decision maker;
b. 
The use of unlawful procedure.
E. 
SEPA Appeals. In addition to the items listed above, LMC § 16.04.230 shall be complied with when filing administrative appeals of SEPA decisions or determinations.
(Ord. 1088 § 2 (Exh. A), 1998; Ord. 1354 § 2 (Exh. B), 2010)
A. 
Appeals from the final decision of the city council or hearing examiner involving LMC Titles 14, 15, 16, 17 or 18, and for which all other appeals specifically authorized have been timely exhausted, shall be made to Chelan County superior court and served on all necessary parties within 21 days of the date the decision or action became final, unless another time period is established by state law or local ordinance.
B. 
Notice of the appeal and any other pleadings required to be filed with the court shall be served on the city clerk-treasurer, director and city attorney within the applicable time period. This requirement is jurisdictional.
C. 
The cost of transcribing and preparing all records ordered certified by the court or required at the discretion of the city attorney for such appeal shall be borne by the appellant. The appellant shall post with the city clerk-treasurer prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk-treasurer. The city clerk-treasurer shall ascertain the approximate charge of the transcription. Any overage will be promptly returned to the appellant. Any undercharges shall be promptly paid by the appellant.
(Ord. 1088 § 2 (Exh. A), 1998; Ord. 1354 § 2 (Exh. B), 2010)