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15.14.109 Appeal procedures.
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A. Administrative Appeal to the Hearing Examiner. Any decision or determination made by the director in the administration of the provisions of this chapter shall be final and conclusive unless the aggrieved party files a notice of appeal with the hearing examiner within 30 days from the date of the director’s written decision or determination. The filing fee shall be set by city council by periodic resolution.

B. Judicial Review of Hearing Examiner’s Decision.

1. Any party, including the city, the Washington State Department of Ecology, the United States Environmental Protection Agency, or the user/appellant, is entitled to review of the final determination of the hearing examiner in the Whatcom County superior court; provided, that any petition for review shall be filed no later than 30 days after date of the hearing examiner’s written decision.

2. Copies of the petition for review shall be served as in all civil actions.

3. The filing of the petition shall not stay enforcement of the final determination except by order of the superior court and on posting of a bond to be determined by the court naming the city as beneficiary.

4. The review shall be conducted by the court without a jury. The record shall be satisfied by a narrative report certified by the hearing examiner and no verbatim record of proceedings before the hearing examiner shall be required to be presented to the superior court.

5. The court may affirm the final determination or remand the matter for further proceedings before the hearing examiner; or the court may reverse the final determination if it was:

a. An erroneous interpretation of the law, after allowing for such deference as is due the construction of the law by a local jurisdiction with expertise;

b. Not supported by evidence that is substantial when viewed in light of the whole record before the court;

c. A clearly erroneous application of the law to the facts;

d. Outside the authority or jurisdiction of the hearing examiner; or

e. Violates the constitutional rights of the party seeking relief. [Ord. 2020-07-016 § 1; Ord. 2019-11-032 § 1].