Pursuant to RCW Chapters 35A.63 and 58.17, the office of hearing examiner, referred to in this chapter as examiner, is created. The examiner shall interpret, review and implement land use regulations as provided in this chapter or by other ordinances. The term “examiner” as used in this chapter shall include any deputy examiners, examiners pro tem or substitute examiners. (Ord. 1039 § 1 (part), 2000).

The hearing examiner shall be appointed by the mayor with the consent of the city council and shall serve at the mayor’s discretion. The mayor may also appoint, for terms and functions deemed appropriate, examiners pro tem to serve in the event of the examiners absence or inability to act. The office of the examiner shall be separate from and not a part of the planning department. (Ord. 1039 § 1 (part), 2000).

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in city government. (Ord. 1039 § 1 (part), 2000).

An examiner may be removed from the office at the discretion of the mayor with concurrent majority vote of the city council. (Ord. 1039 § 1 (part), 2000).

No person, including city officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him/her except at a public hearing duly called for such purposes or to interfere with an examiner in the performance of his/her duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal services to the examiner upon request or prohibit other persons from responding in writing to requests for information from the examiner. (Ord. 1039 § 1 (part), 2000).

No examiner shall conduct or participate in any hearing, decision, or recommendation in which the examiner has a direct or indirect substantial financial or familial interest; or concerning which the examiner has had substantial pre-hearing contacts with proponents or opponents. (Ord. 1039 § 1 (part), 2000).

The examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of this office. (Ord. 1039 § 1 (part), 2000).

Meetings of the hearing examiner shall convene once a month, if necessary, or more frequently if need requires. (Ord. 1039 § 1 (part), 2000).

A. The examiner shall receive and examine all available information, conduct public hearings and prepare a record thereof and enter decisions as provided herein for the following matters:
1. Variances to the zoning code (see Chapter 17.52);
2. Variances to the sign code (see Section 17.38.150);
3. Conditional use permits (see Chapter 17.54);
4. Variances to critical areas ordinance (see Section 15.02.180).
B. The decision of the examiner shall be final unless such decision is appealed to the county superior court for writ of review pursuant to Section 2.34.150. (Ord. 1039 § 1 (part), 2000).

Applications for permits or approvals within the jurisdictions of the hearing examiner shall be presented to the office of the city clerk-treasurer. The planning commission secretary shall accept such application only if applicable filing requirements are met. The planning commission secretary shall be responsible for assigning a date for and assuring due notice of public hearing for each application requiring a public hearing, which date and notice shall be in accordance with the statute or ordinance governing the application. (Ord. 1039 § 1 (part), 2000).

The planning commission secretary shall coordinate and assemble the review of the other city departments, governmental agencies, and other interested parties to be provided to the city planner. The city planner shall prepare a report summarizing the factors involved and the city planner’s findings and recommendations. Such report shall be provided to the applicant and filed with the examiner at least seven days prior to the scheduled hearing. At the same time the report will be made available for public inspection and copies provided to interested parties upon payment of copying charges. (Ord. 1039 § 1 (part), 2000).

Prior to rendering a decision on any application, the examiner shall hold an open record hearing on the application. Notice of the time and place of the hearing shall be made as provided in this code for that particular permit or form which is the subject matter of the public hearing. A public hearing may be continued at the discretion of the examiner; provided all interested parties present are given the opportunity to testify prior to the continuance. (Ord. 1039 § 1 (part), 2000).

Within ten working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include at least the following:
A. Findings based upon the records and conclusions therefrom which support the decision. Such findings and conclusions shall also set forth the manner by which the decision will carry out and conform to the city’s comprehensive plan, other official policies and objectives and land use regulatory enactments;
B. A decision on the application which may be to grant, deny, or grant with conditions, limitations, modifications, and restrictions as the examiner finds necessary to make the application compatible with its environment, the city’s comprehensive plan, other official policies and objectives and land use regulatory enactments;
C. A statement that the decision will become final in fourteen days unless appealed to the Cowlitz County Superior Court. See Section 2.34.150. (Ord. 1039 § 1 (part), 2000).

Not later than five working days following the rendering of a written decision, copies of that decision shall be mailed or personally delivered to the applicant, the director of public works, the building official, and to other parties of record in the case. “Parties of record” shall include the applicant and all other persons who specifically request notice of the decision by signing a register provided for such purpose at the public hearing. (Ord. 1039 § 1 (part), 2000).

A. Appeal. The applicant or any interested party may file an appeal on the decision of the examiner by making an application to the Cowlitz County Superior Court for a writ of review, within fourteen days after the examiner has rendered a decision.
B. Effect of Appeal on Application and Building Permit. Until final determination of any review by the superior court is returned to the hearing examiner, all activities relating to the matter under appeal shall halt. No use, building or occupancy permits shall be issued until such determination is returned. Any permits issued must be in accordance with the decision of the court.
C. Revocation of Permit. Upon receiving written findings outlining violations of a permit as issued by the hearing examiner, the city clerk-treasurer shall notify the original applicant of the city council’s intention to hold a public hearing for the purpose of revoking the permits for violations of standards and conditions imposed. The applicant shall be given full opportunity to show just cause of any violations or show city error in violation determination. (Ord. 1039 § 1 (part), 2000).

The examiner shall report in writing to and meet with the planning commission and city council at least annually for the purpose of reviewing and administration of the land use policies and regulatory ordinances. Such report shall include a summary of the examiner’s decisions since the last report. The examiner may request advice and counsel from the planning commission regarding interpretation of land use policies and ordinances. (Ord. 1039 § 1 (part), 2000).