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A. Right to Appeal. Any person aggrieved, or any officer, department, board, agency, district or bureau of the County or State affected by any final decision of an administrative official, as set forth in PCC 1.22.080 B., may file a notice of appeal.

B. Time Limits.

1. Land Use Matters.

a. A notice of appeal, together with the appropriate appeal fee, shall be filed at the Planning and Public Works Department within 14 days of the date of an Administrative Official's decision. In the case of an appeal of a Determination of Nonsignificance requiring a comment period which is issued concurrently with a final decision, the appeal period shall be extended to 21 days.

b. The Administrative Official shall prepare a written report regarding the administrative decision.

c. Staff reports shall be filed with the Examiner, mailed to the applicant and appellant and made available to the public at least 10 working days prior to the public hearing scheduled to review the administrative appeal. Copies shall be provided to the public upon request at the cost of reproduction.

d. The public hearing, if applicable, shall be scheduled no later than 70 days from the date a notice of appeal is filed, except in cases where appeals and/or hearings are consolidated.

e. Any supplemental briefs or materials supporting an appeal and/or responding to a staff report shall be filed with the Examiner and the Administrative Official at least five working days prior to the public hearing, unless a different schedule is set by the Examiner. Any costs incurred as a result of noncompliance with this subsection may be charged to the applicant at the discretion of the Examiner.

f. If the Examiner has been requested to render a decision on an appeal in writing without conducting a public hearing, as set forth in PCC 1.22.090.F.2, then the written briefs shall be submitted to the Examiner within 30 days of the Department's receipt of a filed notice of appeal.

2. Non Land Use Matters. The time limits above shall also apply to non land use matters unless different time limits are provided in the applicable code.

C. Content of Notice of Appeal. A Notice of Appeal on an administrative decision shall, at a minimum, contain the following information:

1. Name, mailing address, and electronic mail address of the appellant and his/her agent or representative, if any;

2. A copy of any decision, license, order or environmental determination which is being appealed;

3. A concise statement of the factual and legal basis for the appeal citing specifically the alleged errors in the administrative official's decision; and

4. The specific relief sought.

D. Consolidation.

1. If more than one person files an appeal of an administrative decision on a proposal, the Examiner shall consolidate such appeals for review at one public hearing. However, the appeal of a Determination of Significance, as set forth in Title 18D PCC, Development Regulations – Environmental, may occur separately and prior to the public hearing on the underlying permit as determined by the Hearing Examiner.

2. Appeals of the adequacy of an FEIS or SEIS or threshold determination of a DNS/ MDNS, as set forth in Title 18D PCC, Development Regulations – Environmental, shall be consolidated with the public hearing on the merits of the proposal. If no public hearing process exists for a proposal, review of the FEIS, SEIS or DNS/MDNS shall be heard as determined by the Hearing Examiner.

E. Notice Provisions. Notice for an appeal of an administrative decision to be reviewed at a public hearing shall be in conformance with PCC 1.22.110, Public Hearing.

F. Review Procedure.

1. The Hearing Examiner shall conduct a public hearing to review appeals including:

a. The Administrative Official's findings, conclusions, and determination;

b. All evidence admitted into the record; and

c. Taking sworn testimony.

2. The Hearing Examiner may render a decision on an appeal, in writing, without holding a public hearing when the parties agree that no issues of fact are to be decided. When issues of law are to be determined and opposing parties agree, they may request the Hearing Examiner to render a decision based upon written briefs. The Hearing Examiner shall render a written decision within 10 working days of receipt of the briefs.

G. Burden of Proof.

1. A decision of the Administrative Official shall be entitled to substantial weight. Parties appealing a decision of the Administrative Official shall have the burden of presenting the evidence necessary to prove to the Hearing Examiner that the Administrative Official's decision was clearly erroneous.

2. Appeal of an enforcement action.

a. When an appeal is submitted by the recipient of a final enforcement decision or order on a land use matter, the initial burden shall be on the County to prove, by a preponderance of evidence, that the use, activity, or development is not in conformance with the regulations contained in Pierce County Code or the terms of a permit, approval, or final written order.

b. Failure by a party to submit a timely appeal following the issuance of a final administrative determination, permit, approval, or final written order precludes later challenges to the decision(s) during subsequent enforcement actions and appeals therefrom.

c. When the appellant alleges that an exemption applies, the burden shall be upon the appellant to prove, by a preponderance of evidence, that the current use, activity, or development is exempt from the regulations contained in the Pierce County Code. A claim or allegation of nonconforming use or development rights by an appellant must be verified by Pierce County Planning and Public Works through an application for confirmation of nonconforming use or development rights.

3. Scope of Review.

a. The Examiner's review shall not be limited to the evidence submitted by the appellant to the Department before a formal appeal was filed, or to the evidence obtained by the Department during the course of the investigation or informal review. The Examiner may consider all relevant testimony and exhibits that are timely submitted when determining whether the parties have met their respective burdens of proof.

H. Scope of Authority. The Examiner may reverse or affirm, wholly or in part, or may modify the Administrative Official's order, requirement, decision or determination. If the Hearing Examiner reverses the Administrative Official's decision, the entire action shall be remanded to the Administrative Official for an action consistent with the Hearing Examiner's decision.

I. Dismissal of Appeal.

1. The Hearing Examiner has the authority to summarily dismiss an appeal of an Administrative Official's decision without a hearing when such appeal is determined by the Examiner to be without merit on its face, frivolous, or brought merely to secure a delay.

2. The Hearing Examiner may also dismiss an appeal of an Administrative Official's decision pursuant to a settlement agreement between the parties, or at the request of the appellant.

(Ord. 2021-43s § 1, 2021; Ord. 2017-12s § 2 (part), 2017; Ord. 2016-56s § 1, 2016; Ord. 2014-52s2 § 1 (part), 2014; Ord. 2009-69s § 1 (part), 2009; Ord. 96-19S § 4 (part), 1996)