11.12.010 Appeals of Type II decisions.
Any person aggrieved by the decision of the director on a Type II permit application may file an appeal with the director for an open record review hearing before the hearing body subject to the following:
A. Time to File. An appeal of the director’s decision must be filed within 14 calendar days following issuance of the director’s written decision. Appeals and the appeal fee, if applicable, shall be delivered to the department of community development by mail or personal delivery before 5:00 p.m. on the last business day of the appeal period.
B. Computation of Time. For the purposes of computing the time for filing an appeal, the date the director’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, in which case such day or days are also excluded and the filing must be completed on the next city business day. (RCW 35A.21.080.)
C. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:
1. Appellant’s name, address and phone number;
2. Appellant’s statement describing the appelant’s standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based. The statement of grounds for appeal must include issues the appellant is requesting to be heard in the appeal hearing. Issues not stated in the appeal documents shall not be considered by the hearing body. Additional information on each of the stated appeal issues may be submitted at any time up to and during the appeal hearing;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
D. Effect. The timely filing of an appeal shall stay the effective date of the director’s decision until such time as the appeal is adjudicated by the hearing body or withdrawn.
E. Notice of Appeal. The community development director shall provide public notice of the appeal as provided in Chapter 11.19 BMC. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997. Formerly 11.12.009).