Ordinance 2169WDT/trs
10/30/80
ORDINANCE NO. 2169
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, ENACTING A NEW CHAPTER 10.35 IN
THE EDMONDS CITY CODE TO BE ENTITLED
"HEARING EXAMINER"; ESTABLISHING THE OFFICE
OF HEARING EXAMINER; PROVIDING FOR APPOINT-
MENT; DEFINING POWERS AND DUTIES; PROHIBIT-
ING CONFLICTS OF INTEREST; AND REPEALING
THE BOARD OF ADJUSTMENT.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
A new Chapter 10.35 is hereby added to
the Edmonds City Code to be entitled "Hearing Examiner".
Section 2. A new Section 10.35.010 is hereby
added to the Edmonds City Code to read as follows:
10.35.010 OFFICE OF HEARING EXAMINER
A. Appointment. There is created the office of the
Hearing Examiner. The Hearing Examiner shall be
appointmented by the Mayor, and confirmed by the
City Council, for a term of four years. The first
year of the term will be probationary during which
year he or she will serve subject to the approval
of the Mayor. During the balance of the four-year
term the Hearing Examiner may be removed only for
good cause.
B. Temporary Appointment. The Mayor shall appoint a
temporary Hearing Examiner to serve whenever the
Hearing Examiner informs the Mayor that he or she
cannot serve.
C. Conflict of Interest. The Hearing Examiner may
hold no other position in the city government of
Edmonds, or be an employee of or contractor for,
any person under contract to the City of Edmonds.
The Hearing Examiner shall comply with the require-
ments of Chapter 1.14, Public Official Disclosure.
D. Freedom From Improper Influence. No person shall
interfere with the Hearing Examiner in the
performance of his designated duties. The Hearing
Examiner shall avoid pre -hearing contact with
persons interested in a particular land use pro-
posal, including the staff persons working on the
same matter. If there is any pre -hearing contact,
the Hearing Examiner shall disclose it on the
record at the start of the hearing. The Hearing
Examiner shall disqualify himself or herself if
the pre -hearing contact would result in an unfair
hearing or an appearance of unfairness, and
arrange for a temporary Hearing. Examiner to hold
the hearing.
E. Powers and Duties. The Hearing Examiner shall
review land use applications and issues as speci-
fied in Chapter 20.100 and related matters.
F. Vacations and Dedications. The Hearing Examiner
will review the comprehensive plan and report on
the same prior to any street vacation or dedica-
tion as provided in Section 15.05.020.
Section 3. Section 12.16.050 and 12.16.060 of the
Edmonds City Code are hereby repealed which created the
Board of Adjustment and defined its powers and duties.
Section 4. This ordinance shall be in full force and
effect on and after January 1, 1981.
ATTEST/AUTHENTICATED:
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CITY CLERK, IRENE V NEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY AO EY:
BY
FILED WITH THE CITY CL K: October 31, 1980
PASSED BY THE CITY COUNCIL: November 10, 1980
POSTED: November 12, 1980
EFFECTIVE DATE: November 17, 1980
-2-
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 12 day of November , 1980, affiant posted true and
correct copies of the attached Ordinance No. 2169 , passed by the
City Council on the 10 day of November , 193k, at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 12 day of November , 1980.
SUBSCRIBED AND SWORN to before me this day of
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to l Public in and for the
State of Washington, residing
at