19.06.004 Appeals of decisions.
A. Permit Decisions. Appeals of a decision shall be governed by the following:
1. Standing. Only parties of record have standing to appeal the decision.
2. Time to File. An appeal must be filed within 14 days after the issuance of the notice of decision. Appeals shall be delivered to the director by mail, by personal delivery or by fax before 5:00 p.m. on the last business day of the appeal period. Appeals received by mail after 5:00 p.m. on the last day of the appeal period will not be accepted, no matter when such appeals were mailed or postmarked.
3. Computation of Time. For the purposes of computing the time for filing an appeal, the day the decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday, or holiday designated by RCW 1.16.050 or by a city ordinance, then the appeal must be filed on the next business day.
4. Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee, and contain the following information:
a. Appellant’s name, address and phone number;
b. A statement describing appellant’s standing to appeal;
c. Identification of the application which is the subject of the appeal;
d. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based with specific references to the facts in the record;
e. The specific relief sought;
f. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
5. Effect. The timely filing of an appeal shall stay the hearing body’s decision until such time as the appeal is concluded or withdrawn.
6. Burden of Proof. The appellant shall bear the burden to demonstrate that substantial evidence does not exist in the administrative record to support the decision of the hearing body/officer.
7. Standard of Review. The appeal body/officer shall determine whether there is substantial evidence in the administrative record to support the decision of the hearing body/officer. The appeal body/officer may affirm, modify or reverse the decision of the hearing body/officer. Reasonable determinations by the body or officer that made the decision shall be accorded substantial weight.
8. Remand. Upon written agreement by the applicant to waive the requirement for a decision within the time periods set forth in GHMC 19.02.007, as allowed by RCW 36.70B.080(3), the appeal body/officer may remand the decision to the hearing body for additional information. (Ord. 1197 § 111, 2010; Ord. 806 § 30, 1998; Ord. 711 § 1, 1996).