Gig Harbor WA

Gig Harbor, WA
Return to homepage Return to Other Ordinance Page

http://mrsc.org/ords/G54-715.HTMOrdinance No. 715

AN ORDINANCE OF THE CITY OF GIG HARBOR, WASHINGTON, RELATING TO THE PROCEDURES AND
DUTIES OF THE LAND USE HEARING EXAMINER, REPEALING CHAPTER 17.10, AND ADDING A NEW
CHAPTER 17.10 TO THE GIG HARBOR MUNICIPAL CODE.

WHEREAS, THE REGULATORY REFORM ACT REQUIRES THE CITY TO ADOPT PROCEDURES FOR THE
PROCESSING OF PROJECT PERMIT APPLICATIONS; AND

WHEREAS, THE EXISTING CHAPTER 17.10 GHMC CONTAINS PROCEDURES FOR THE HEARING
EXAMINER'S PROCESSING OF PERMITS THAT ARE INCONSISTENT WITH TITLE 19 GHMC; NOW
THEREFORE THE CITY COUNCIL OF THE CITY OF GIG HARBOR, WASHINGTON, DO ORDAIN AS
FOLLOWS:

Section 1. Chapter 17.10 of the Gig Harbor Municipal Code is hereby repealed.

Section 2. A new chapter 17.10 of the Gig Harbor Municipal Code is hereby adopted, to read as follows:

CHAPTER 17.10

HEARING EXAMINER

Sections:

17.10.010 Creation of Hearing Examiner System

17.10.020 Appointment and Term

17.10.030 Qualifications

17.10.040 Freedom from Improper Influence

17.10.050 Conflict of Interest

17.10.060 Rules

17.10.070 Powers

17.10.080 Authority

17.10.010 Creation of Hearing Examiner System. The office of the Gig Harbor Hearing Examiner, thereinafter referred to as
the examiner, is hereby created. The examiner shall interpret, review and implement land use regulations as provided by
ordinance and may perform other quasi-judicial functions as are delegated by ordinance. Unless the context requires otherwise,
the term examiner as used in this chapter shall include deputy examiners and examiners pro tem.

17.10.020 Appointment and Term. The Council shall appoint the examiner for a maximum term of one (1) year. The Council
may also appoint deputy examiners or examiners pro tem in the event of the examiner's absence or inability to act. The City
may terminate the agreement for hearingexaminer services at any time with thirty (30) days notice.

17.10.030 Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and
will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings and to discharge
other delegated functions. Examiners shall hold no other elective or appointive office or position with City government.

17.10.040 Freedom from Improper Influence. No person, including City officials, elected or appointed, shall attempt to
influence an examiner in any matter pending before him or her, except at a public hearing duly called for such purpose, or to
interfere with an examiner in the performance of his or her duties in any other way; provided, that this section shall not prohibit
the City Attorney from rendering legal service to the examiner upon request.

17.10.050 Conflict of Interest. The examiner shall be subject to the same code of ethics as other appointed public officers in
code cities, as set forth in RCW 35.42.020 and chapter 42.23 RCW, as the same now exists or may hereafter be amended.

17.10.060 Rules. The examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other
procedural matters related to the duties of his or her office.

17.10.070 Powers. The examiner shall have the authority to:

A. receive and examine available information;

B.conduct public hearings in accordance with Title 19 GHMC, chapter 42.32 RCW and all other applicable law, and to
prepare a record thereof;

C.administer oaths and affirmations;

D.issue subpoenas and examine witnesses, provided that no person shall be compelled to divulge information which he or she
could not be compelled to divulge in a court of law;

E.regulate the course of the hearing;

F.make and enter written findings of fact and conclusions to support his or her decisions;

G.at the examiner's discretion, hold conferences for the settlement or simplification of the issues;

H.conduct discovery;

I.dispose of procedural requests or similar matters;

J.take official notice of matters of law or material facts;

K.issue summary orders in supplementary proceedings, and

L.take any other action authorized by or necessary to carry out this chapter.

The above authority may be exercised on all matters for which jurisdiction is assigned to the examiner by City ordinance, code
or other legal action of the City Council. The nature of the examiner's decision shall be as specified in this chapter and in each
ordinance or code which grants jurisdiction to the examiner.

17.10.080 Authority. The examiner shall have the exclusive authority to hold public hearings make recommendations and
decisions on all applications, permits or approvals as described in chapter 19.01 GHMC.

Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.

Section 4. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect on March 31, 1996.

APPROVED:

______________________________
MAYOR, GRETCHEN WILBERT

ATTEST/AUTHENTICATED:

_________________________________
CITY ADMINISTRATOR, MARK HOPPEN

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY:
BY______________________________

FILED WITH THE CITY CLERK: 2/12/96
PASSED BY THE CITY COUNCIL: 2/26/96
PUBLISHED: 3/6/96
EFFECTIVE DATE: 3/31/96

ORDINANCE NO. 715

SUMMARY OF ORDINANCE 715 of the City of Gig Harbor, Washington

On the 26 day of February, 1996, The City Council of the City of Gig Harbor passed Ordinance No. 715. A summary of the
content of said ordinance, consisting of the title, provides as follows:

This ordinance shall take effect on March 31, 1996.

The full text of this ordinance will be mailed upon request

Dated this 27th day of February, 1996.

___________________________________
CITY ADMINISTRATOR, MARK HOPPEN
Return to homepage Return to Other Ordinance Page