2.46.035 Powers and areas of jurisdiction.
The hearing examiner shall have the power to receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact, conclusions based upon those facts and enter decisions as provided by ordinance. Notwithstanding any other provision in the Auburn City Code, the hearing examiner’s areas of jurisdiction shall include those matters contained in this chapter.
A. The decision of the hearing examiner on the following matters shall be final:
1. Appeals of assessed civil penalties. (ACC 1.25.065(E))
2. Appeals regarding the city’s decision on refunds from the construction sales tax exemption. (ACC 3.60.036(F))
3. Appeals from the planning director’s denial of an application for a multifamily tax exemption (MFTE). (ACC 3.94.070(F))
4. Appeals from the planning director’s denial of an extension of a conditional certificate for MFTE. (ACC 3.94.090(B))
5. Appeals of a dangerous dog determination. (ACC 6.35.020(D))
6. Appeals of a decision by the planning director regarding expansion of hours for construction noise. (ACC 8.28.010(B)(8)(d))
7. Appeals of a decision by the city engineer regarding construction permits. (ACC 12.24.090(C))
8. Appeals of a decision by the city engineer regarding undergrounding of utilities. (ACC 13.32A.130(D))
9. Appeals of decisions by the building official or fire code official regarding building and code violations. (ACC 15.07.130)1
10. Applications for a shoreline conditional use permit (ACC 16.08.010) (note that, by statutes, the State Department of Ecology has final approval authority).
B. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the city council as provided in this chapter:
1. Appeals from denial, civil penalty suspension or revocation of a business license. (ACC 5.15.070)
2. Appeals from denial of a rental housing business license. (ACC 5.22.070(D))
3. Appeals from revocation or notice of intent to revoke a rental housing business license. (ACC 5.22.090(B))
C. The decision of the hearing examiner on the following matters shall be the final administrative decision of the city:
1. Appeals from the planning director’s denial of a final certificate for multifamily property tax exemption (MFTE). (ACC 3.94.100(G))
2. Appeals from the planning director’s cancellation of a tax exemption for MFTE. (ACC 3.94.120(C))
3. Appeals of a decision by the public works director regarding commute trip reductions. (ACC 10.02.120)
4. Appeals from denial of an adult entertainment establishment license, issuance or renewal. (ACC 5.30.070)
5. Appeals of a decision by the public works director regarding required public improvements. (ACC 12.64A.060)
6. Appeals of a decision by the public works director regarding system development charges. (ACC 13.41.070)
7. Hear and resolve tenant complaints against landlords regarding utility billing practices (third party billing). (ACC 13.52.050)
8. Appeals of a decision by the planning director on a relocation report and plan related to the closure of a mobile home park. (ACC 14.20.120)
9. Appeals of a decision by the floodplain administrator on floodplain development permits. (ACC 15.68.240)1
10. Appeals of a decision by the landmarks and heritage commission on historical designations. (ACC 15.76.040)
11. Appeals of a decision by the SEPA responsible official on threshold determinations (ACC 16.06.250) – public hearing needed.
12. Appeals from critical area review decisions. (ACC 16.10.140)
13. Applications for a reasonable use exception due to critical area regulations. (ACC 16.10.150)
14. Applications for a buffer width variance of critical areas regulations which exceeds 10 percent of a quantifiable standard (ACC 16.10.160).
15. Applications for a public agency special exception to critical area regulations (ACC 16.10.170).
16. Appeals from a decision of the planning director regarding boundary line adjustments (ACC 17.06.030).
17. Applications for a preliminary plat (ACC 17.10.050).
18. Applications for modification of standards and specifications related to a preliminary plat (ACC 17.18.010).
19. Applications for alteration of any subdivision (ACC 17.20.030).
20. Appeals from a decision of the planning director regarding site plan approval of a business park.
21. Applications for a special home occupation permit (ACC 18.60.040(A)).
22. Applications for a surface mining permit (ACC 18.62.030).
23. Appeals from a decision of the planning director regarding administrative use permits (ACC 18.64.020(A)).
24. Applications for a conditional use permit (ACC 18.64.020(B)).
25. Applications for a variance (ACC 18.70.010).
26. Appeals from a decision of the planning director regarding administrative variances (ACC 18.70.015).
27. Applications for a special exception (ACC 18.70.020).
28. Applications for a variance in the regulatory floodplain (ACC 18.70.025).
29. Appeals from any administrative decision under ACC Title 18, Zoning (ACC 18.70.050).
30. Appeals from a decision of the planning director regarding fire impact fees (ACC 19.06.080).
31. Appeals from a decision of the director of parks and recreation regarding park impact fees (ACC 19.08.040).
D. On the following matters, the hearing examiner shall enter findings of fact, conclusions of law, and recommendations to the city council:
1. Applications for vacating a subdivision or portion of a subdivision, or any land dedicated for public use, except rights-of-way associated with public streets (ACC 17.22.030).
2. Application for a business park (conceptual approval).
3. Applications for a Site-Specific Rezone, Category 1 (ACC 18.68.030(A)(1)).
4. Applications for major amendments to the Lakeland Hills PUD (ACC 18.76.130). (Ord. 6779 § 4, 2020; Ord. 6442 § 31, 2012.)
1The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130.