Street LID: What’s next?

By Tom Scanlon
Posted Wednesday, Sep. 22, 2010 at 8:10 AM

Unless he requests an extension, Wayne Tanaka, the hearing examiner, has 10 days (apparently starting Friday, due to some technicality) to deliver his findings/recommendations on 900-plus protests, to the city clerk. All who filed protests will then be mailed notices, though likely not the individual decisions. Waiting to hear if an electronic version of the notices will be posted, or if people have to physically go to City Hall to find out what the decision is.

Those whose protests were recommended to be denied by the hearing examiner may file an appeal with City Council. The cost for this: $250. City Council will set a date and time for the appeals.

From Resolution 640:

The hearing examiner will reduce his findings and recommendations to

writing and file a report with the City Clerk within ten days following the

conclusion of the public hearing, including any continuation thereof. Notice of the filing of the hearing examiner’s report will be mailed by the City Clerk within five business days of the filing to any person who filed a written protest of his or her assessment at or prior to the public hearing, in accordance with state law.

Appeals from the recommendation of the hearing examiner may be made in accordance with Ordinance No. 882 of the City (chapter 3.46 of the Ocean

Shores Municipal Code).

From Ordinance 882:

Hearing Examiner’s Recommendations. If a hearing examiner

conducts the assessment roll hearing, he or she will reduce his or her findings and recommendations to writing and file this written report with the City Clerk within a period to be specified by the Council. Within five business days of receiving such report, the City Clerk will mail notice that the report has been filed to any person who filed a written

protest at or prior to the public hearing on the assessment roll, in accordance with RCW

35.44.080. A copy of the hearing examiner’s report will be available to the public in the office of the City Clerk.

Council’s Consideration of Recommendations. Upon receipt of the

hearing examiner’s report of his or her findings and recommendations, the City Council will review the same. As soon as all timely appeals from the findings and recommendations have been decided or the time allowed for filing appeals has expired with no appeals having been filed, the City Council may accept the assessment roll as prepared, or may correct, revise, raise, lower, change or modify the roll or any part

thereof, or may set aside the roll and order the assessment to be made de novo, and at the conclusion thereof, confirm the assessment roll by ordinance. If an appeal has been filed from the findings on recommendations of the hearing examiner, it shall be heard

and determined and the results thereof incorporated into the assessment roll before it is

confirmed.

Section 3.46.020. Appeals from a Hearing Examiner’s Findings or

Recommendation. If the Council designates a hearing examiner to conduct the public hearing on an assessment roll, the following procedures are established for an appeal to the City Council by any person protesting a finding or recommendation made by the

hearing examiner regarding the assessment roll:

A. An appeal may be filed only by a party who timely submitted a

written objection to the assessment roll at or prior to the assessment roll hearing. The notice of appeal shall state clearly (a) the number of the local improvement district, (b) the appellant’s name and address and of the appellant’s attorney or other agent, if any, (c) the recommendation being appealed, (d) the error of fact, law, or procedure alleged to have been made by the hearing examiner and the effect of the alleged error on the

recommendation, and (e) state the redress sought by the appellant. The notice of appeal shall be filed with the City Clerk, together with a fee of $250, no later than the tenth day after the day upon which the report of the hearing examiner is filed with the

City Clerk.

B. Upon the filing of a notice of appeal, the City Clerk will promptly

notify the City Attorney and furnish a copy of the notice to the City Council and the hearing examiner. Within 15 days following the filing of a notice of appeal the City Council will set a time and place for a hearing on the appeal before the City Council, provided the time shall be as soon as practicable in order to avoid accumulating additional interest on the obligations of the local improvement district. The City Clerk shall promptly mail notice to the appellant of the time and place for the hearing on the appeal.

C. Review by the City Council on appeal shall be limited to and shall

be based solely on the record from the public hearing; provided, however, that the City Council may permit oral or written arguments or comments when confined to the content of the record of the hearing below. No new evidence may be presented.

Written arguments will not be considered unless filed with the City Council at least one

Page 2 of 3

Ordinance No. 882

day prior to the hearing on appeal, and the City Council may determine the appeal on

the record, with or without written argument.

D. In respect to the matter appealed, the City Council may adopt or

reject, in whole or in part, the findings and recommendations of the hearing examiner or officer or make such other disposition of the matter as is authorized by RCW 35.44.100 and subsection C. above. The City Council will reduce its determination to writing, file the original in the record of the local improvement district, and transmit a copy of the

same to the appellant. In accordance with Section 3.46.010.C of this ordinance, no ordinance confirming an assessment roll may be enacted by the Council until all appeals to the Council are decided.

E. Any appeal from a decision of the City Council regarding any

assessment may be made to the superior court within the time and in the manner

provided by law.

Section 2. Severability. If any provision of this ordinance is declared by any court of competent jurisdiction to be contrary to law, then that provision will be null and void and will be deemed separable from the remaining provisions of this ordinance and will in no way affect the validity of the other provisions of this ordinance.

Section 3.

Effective Date. This ordinance will become effective five days after

its passage and publication, as required by law.

PASSED by the City Council of the City of Ocean Shores, Washington, at a

regular meeting thereof, held on July 12, 2010.

Hearing Examiner’s Recommendations. If a hearing examinerconducts the assessment roll hearing, he or she will reduce his or her findings andrecommendations to writing and file this written report with the City Clerk within a periodto be specified by the Council. Within five business days of receiving such report, the City Clerk will mail notice that the report has been filed to any person who filed a written protest at or prior to the public hearing on the assessment roll, in accordance with RCWPage 1 of 3Ordinance No. 88235.44.080. A copy of the hearing examiner’s report will be available to the public in theoffice of the City Clerk.C.Council’s Consideration of Recommendations. Upon receipt of thehearing examiner’s report of his or her findings and recommendations, the City Councilwill review the same. As soon as all timely appeals from the findings andrecommendations have been decided or the time allowed for filing appeals has expiredwith no appeals having been filed, the City Council may accept the assessment roll asprepared, or may correct, revise, raise, lower, change or modify the roll or any partthereof, or may set aside the roll and order the assessment to be made de novo, and atthe conclusion thereof, confirm the assessment roll by ordinance. If an appeal has beenfiled from the findings on recommendations of the hearing examiner, it shall be heardand determined and the results thereof incorporated into the assessment roll before it isconfirmed.Section 3.46.020. Appeals from a Hearing Examiner’s Findings orRecommendation. If the Council designates a hearing examiner to conduct the publichearing on an assessment roll, the following procedures are established for an appealto the City Council by any person protesting a finding or recommendation made by thehearing examiner regarding the assessment roll:A. An appeal may be filed only by a party who timely submitted awritten objection to the assessment roll at or prior to the assessment roll hearing. Thenotice of appeal shall state clearly (a) the number of the local improvement district, (b)the appellant’s name and address and of the appellant’s attorney or other agent, if any,(c) the recommendation being appealed, (d) the error of fact, law, or procedure allegedto have been made by the hearing examiner and the effect of the alleged error on therecommendation, and (e) state the redress sought by the appellant. The notice ofappeal shall be filed with the City Clerk, together with a fee of $250, no later than thetenth day after the day upon which the report of the hearing examiner is filed with theCity Clerk.B. Upon the filing of a notice of appeal, the City Clerk will promptlynotify the City Attorney and furnish a copy of the notice to the City Council and thehearing examiner. Within 15 days following the filing of a notice of appeal the CityCouncil will set a time and place for a hearing on the appeal before the City Council,provided the time shall be as soon as practicable in order to avoid accumulatingadditional interest on the obligations of the local improvement district. The City Clerkshall promptly mail notice to the appellant of the time and place for the hearing on theappeal.C. Review by the City Council on appeal shall be limited to and shallbe based solely on the record from the public hearing; provided, however, that the CityCouncil may permit oral or written arguments or comments when confined to thecontent of the record of the hearing below. No new evidence may be presented.Written arguments will not be considered unless filed with the City Council at least onePage 2 of 3Ordinance No. 882day prior to the hearing on appeal, and the City Council may determine the appeal onthe record, with or without written argument.D. In respect to the matter appealed, the City Council may adopt orreject, in whole or in part, the findings and recommendations of the hearing examiner orofficer or make such other disposition of the matter as is authorized by RCW 35.44.100and subsection C. above. The City Council will reduce its determination to writing, filethe original in the record of the local improvement district, and transmit a copy of thesame to the appellant. In accordance with Section 3.46.010.C of this ordinance, noordinance confirming an assessment roll may be enacted by the Council until allappeals to the Council are decided.E. Any appeal from a decision of the City Council regarding anyassessment may be made to the superior court within the time and in the mannerprovided by law.Section 2. Severability. If any provision of this ordinance is declared by anycourt of competent jurisdiction to be contrary to law, then that provision will be null andvoid and will be deemed separable from the remaining provisions of this ordinance andwill in no way affect the validity of the other provisions of this ordinance.Section 3.Effective Date. This ordinance will become effective five days afterits passage and publication, as required by law.PASSED by the City Council of the City of Ocean Shores, Washington, at aregular meeting thereof, held on July 12, 2010.

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