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 Cheney
 Code of Ordinances
 Title 2. ADMINISTRATION AND PERSONNEL
 Chapter 2.60. HEARING EXAMINER

  § 2.60.064. Type of hearing and appeal procedure.  

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  • The examiner will conduct either an "open record hearing" or a "closed record appeal" as defined in RCW 36.70B.020, as amended. For the purpose of an enforcement hearing, there shall be an "open record hearing," which shall follow issuance of the code enforcement violation.

    City ordinance or state law shall prescribe whether the examiner is conducting an open record or closed record proceeding. For an open record hearing, the appellant, the applicant, and the city, as appropriate, shall be designated parties to the proceeding. Each party may participate and present testimony through witnesses or written documents. The hearing examiner may allow testimony and the submission of information by interested persons, groups, associations or other entities. Where the hearing examiner is conducting an appeal proceeding participation by interested persons, groups, associations, or other entities is limited to presenting testimony and information through a party to the appeal.

    Appeals that are a "closed record" hearing, must be upon the record, provided that new evidence which was not available at the time of the hearing may be presented in such appeal. The term "new evidence" means evidence discovered after the hearing and shall not include evidence which was available or which could reasonably have been available.

    An appeal must be submitted in writing, with the appropriate fee, to the city clerk as set forth in chapter 23.120. Such written appeal shall state specific errors of law, fact, procedure, omissions from the record, and errors in the interpretation of the comprehensive plan or new evidence which was not available at the time of the hearing.

    After a timely appeal has been filed and upon payment of fees a hearing will be held by the hearing examiner in accordance with adopted appeal procedures.

    Further process is set forth in chapter 23.120.

(Ord. No. X-53, § 2, 1-22-2019; Ord. No. W-48, § 9, 10-28-2014; Ord. No. V-77, § 12, 9-27-2011)

Editor's note

Ord. No. W-48, § 9, adopted Oct. 28, 2014, amended § 2.60.060 and, in so doing, changed the title of said section from "Appeals" to "Type of hearing and appeal procedure," as set out herein.