1.26.010 Procedures for filing and dismissal of closed record appeals of hearing examiner decisions under BMC 2.56.050(A).
Closed record appeals pursuant to BMC 2.56.080 shall be as provided in this section. In the event of a conflict with procedures for appeal to city council set forth elsewhere in the Bellingham Municipal Code, the procedures set forth in this chapter shall supersede those procedures consistent with the laws of the state of Washington.
A. Unless otherwise specifically provided by this code or by RCW 36.70B.110, an aggrieved party or a city department shall file an original and two copies of the notice of appeal or other docketing request with the city council within 14 days after the date that the decision of the hearing examiner is mailed to the appellant. The notice shall contain a statement of the legal authority for bringing the matter to city council. The appellant shall also send the notice, along with procedural information provided by the city, to participants of record in the proceeding before the hearing examiner.
B. A copy of the notice of appeal shall be provided to the hearing examiner and the city attorney. City council may on its own motion or upon motion of a party to the appeal dismiss the appeal if it finds that the notice of appeal was not timely filed or that closed record review is not authorized by law. Upon joint request of the appellant and city staff, city council may also decline to hear the appeal thereby rendering the quasi-judicial process final for the purposes of judicial review.
C. A fee, as prescribed by resolution of the city council, shall be paid upon filing the notice of appeal. The fee shall not apply to appeals taken by a city department. Upon submittal of proof of payment of the fee, the hearing examiner shall cause the administrative record or portions of the record as may be designated by stipulation of the parties, to be transmitted to city council.
D. Upon transmittal of the record of the proceedings before the hearing examiner, director, commission, or board to the city council, the appeal proceeding shall be scheduled as soon as reasonably possible, but in any event, no sooner than the first regularly scheduled meeting falling after 21 days from the delivery of the record of proceedings to city council. Appropriate notice of the date and time of the appeal proceedings shall be sent to the parties who participated in the proceeding before the hearing examiner or as otherwise required by ordinance and the laws of the state of Washington. [Ord. 2002-10-069 § 4].