12.64A.060 Appeal and enforcement.
A. Appeals of determinations by the city engineer made pursuant to this chapter must be filed with the city’s public works director within 20 working days after the final city engineer decision is issued. The public works director will have 15 working days to review the appeal, decide whether to uphold or modify the city engineer’s decision, and notify the applicant of such decision.
B. Appeals of decisions of the public works director made pursuant to this chapter will be filed with the public works department within 20 working days after the date of the notice of the public works director’s decision. Appeals will be heard by the city’s hearing examiner pursuant to Chapter 2.46 ACC. Decisions of the hearing examiner will be based on whether the decision being appealed was consistent with applicable state law and city codes.
C. Appeals of decisions of the hearing examiner under this chapter will be final unless appealed to the superior court of the county in which the proposed public improvements are located within the city of Auburn. The appeals must be filed under the procedures in RCW 34.05.510 through 34.05.598. The notice of appeal of the hearing examiner’s decision will be filed with the city clerk within 30 days after issuance of the decision of the hearing examiner.
D. When appealing a determination under this chapter, at any stage of appeal, the applicant/appellant must indicate if the appeal pertains to:
1. The determination of the required improvements in the public right-of-way;
2. The determination to require or deny a deferral of said improvements; and/or
3. The determination to require the payment of a fee in lieu for a deferral instead of an executed and recorded agreement.
E. The associated building, grading or special permit will not be issued until all appeals are concluded. (Ord. 6705 § 1 (Exh. A), 2018; Ord. 6442 § 7, 2012; Ord. 6182 § 2, 2008; Ord. 6083 § 2, 2007.)