18.70.050 Administrative appeals.
Appeals from any administrative decision made under this title may be appealed to the hearing examiner pursuant to Chapter 2.46 ACC.
A. Any person wishing to appeal an administrative decision shall first render in writing a request for an administrative decision from the appropriate city official. The city official shall issue in writing a decision within five working days of the written request.
B. If the requester seeks to appeal that decision to the hearing examiner, any such appeal shall be filed with the planning director within 14 days of mailing the city’s written decision. The city shall extend the appeal period for an additional seven days for appeals that are accompanied by a final mitigated determination of nonsignificance or final EIS.
C. The planning director shall notify any other city official that may be affected by the appeal.
D. The appeal shall then be processed in the same manner as any other application for a hearing examiner decision pursuant to Chapter 2.46 ACC.
E. The examiner shall conduct a public hearing pursuant to ACC 18.70.040 and consider any facts pertinent to the appeal. The examiner may affirm the decision, remand for further proceedings, or reverse the decision if the decision is:
1. In violation of constitutional provisions;
2. In excess of the authority of the official;
3. Made upon an unlawful procedure;
4. Affected by other error of law;
5. Clearly erroneous; or
6. Arbitrary or capricious. (Ord. 6442 § 27, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)