HomeMy WebLinkAbout2021-006 Hearing Examiner Powers; Amending YMC 1.43.080ORDINANCE NO.2021-006
AN ORDINANCE amending Yakima Municipal Code Section 1.43.080 addressing the
powers of the Hearing Examiner
WHEREAS, the City Council of the City of Yakima hereby finds and determines that it is
in the best interests of the City of Yakima and its residents to amend ~/K8C 1,43.080 regarding the
Hearing Examiner's duties and poxvera, and such amendment will promote the general hea|th,
safety and welfare; now, therefore
BE|TORDAINED BYTHE CITY OFYAKI0HA:
Section 1. Section 1.43.O8ODuties and Powers ofthe City ofYakima Municipal Code ie
hereby amended to read as follows:
1.43.080 Duties and powers.
The examiner shall heor, make m reo0nj of, and decide matters provided in this chapter or
by other ordinances, including but not limited to the following land use matters:
A. Matters prescribedbvthe Yakima urban area zoning ordinance, Title 15ofthis code.
Decisions ofthe examiner onsuch matters shall have the legal effect oaset forth inthe
provisions of said ordinance;
B. Review cfpreliminary plats and modifications thereto using the procedures and
provisions for review by the planning commission as set forth in RCW Chapter 58.17 and
the city of Yakima subdivision ordinance. Title 14 of this code. The decisions of the
examiner on such matters shall constitute recommendations to the city council;
C. Preliminary plat extension requests pursuant to RC\8/58.17.14Oand city of Yakima
subdivision ondin@nco. Title 14 of this code. Decisions of the examiner on such nnottare
shall constitute final decisions unless appealed tothe council pursuant tothe provisions
mfTitle 1Gofthe Yakima Municipal Code;
D. Plat vacations oramendments pursuant bzRCVVChapter 58.11.58.12.or58.17.
Decisions mfthe examiner onsuch matters shall constitute final decisions unless
appealed to the council under the provisions of Title 16 of the Yakima Municipal Code;
E. Pedestrian ahvbridoe applications in the manner set forth in YMC 1 1.65.040(F) and
pedestrian skybridge permit violations as set out in YMC 11.65.070;
F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21C, State
Environmental Policy Act (8EPA). and Chapter 6.08 ~/K8C at the request of the city
naapmno|b|e official charged with responsibility for holding such a hearing; provided, that
the substantive SEPAdecision and the decision mnthe associated action shall bemade
by the responsible official;
G. The examiner may, atthe request ofthe city shoreline administrator, receive and
examine available information, conduct public hearings and prepare records and reports
thereof, and issue recommendations to the council based upon findings and conclusions
on applications for shoreline substantial development permits and conditional use
permits;
H. Conduct public hearings on petitions and resolutions to vacate streets and public rights -
of -way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters
shall constitute a recommendation to the city council.
I. Conduct hearings appealing administrative decisions as outlined in YMC Chapter 11.40;
J. Take any other action as allowed by statute, law or ordinance, and as agreed to between
the city and the Hearing Examiner.
The provisions of this section designating and assigning to the hearing examiner the duties
and functions listed above shall supersede any and all conflicting provisions of the municipal
code of the city of Yakima. (Ord. 2018-047 § 1 (Exh. B) (part), 2018: Ord. 2016-028 § 2,
2016; Ord. 2013-033 § 1 (Exh. A), 2013: Ord. 93-91 § 1, 1993: Ord. 3257 § 1, 1990: Ord.
3224 § 1, 1989: Ord. 2948 § 1 (part), 1986).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and aproved t its 16th day of March, 2021.
ATTEST:
Sonya Claar\Tee , City Cler
Publication Date: March 19, 2021
Effective Date: April 18, 2021
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.J.
For Meeting of: March 16, 2021
Ordinance amending Yakima Municipal Code 1.43.080 addressing
the duties and powers of the Hearing Examiner
Joan Davenport, Al CP, Community Development Director
Glenn Denman, Code Administration Manager
SUMMARY EXPLANATION:
With the 2/16/2021 adoption of the International Property Maintenance Code (I PMC), the I PMC
references the City of Yakima's contracted Hearing Examiner (YMC Chapter 1.43) as the one
who will hear appeals related to property maintenance cases. The proposed amendment to
Chapter 1.43 expands the utilization of the Hearing Examiner to not only hear land use and other
type cases, but to also hear those property maintenance cases as well. The contract that the City
of Yakima holds with the Hearing Examiner already includes such reviews.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOM M ENDATION:
Pass ordinance
ATTACHMENTS:
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3/4/2021
3/4/2021
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Ordinance