21.03.140 Appeals:
A. An appeal of an impact fee imposed on a building permit may only be filed by the applicant of the building permit for the subject property. An applicant may either file an appeal and pay the impact fee imposed by this chapter under protest or appeal the impact fee before issuance of the building permit. No appeal may be filed after the impact fee has been paid and the building permit has been issued.
B. An appeal shall be filed with the Hearing Examiner on the following determinations of the Director:
1. The applicability of the impact fees to a given building permit pursuant to Sections 21.03.030 and 21.03.050;
2. The decision on an independent fee calculation in Section 21.03.050; or
3. Any other determination which the Director is authorized to make pursuant to this chapter.
C. An appeal, in the form of a letter of appeal, along with the required appeal fee, shall be filed with the Department for all determinations by the Director, prior to issuance of a building permit. Appellant has the burden of proof with respect to the points raised on appeal and has the burden of establishing that the Director’s determination is not supported by a preponderance of the evidence or was clearly erroneous. The letter must contain the following:
1. A basis for and arguments supporting the appeal; and
2. Technical information and specific data supporting the appeal.
D. The fee for filing an appeal shall be set forth in the adopted Moses Lake Fee Schedule.
E. Within twenty-eight (28) calendar days of the filing of the appeal, the Director shall mail to the Hearing Examiner the following:
1. The appeal and any supportive information submitted by the appellant;
2. The Director’s determination along with the record of the impact fee determination and, if applicable, the independent fee calculation; and
3. A memorandum from the Director analyzing the appeal.
F. The Hearing Examiner shall review the appeal from the applicant, the Director’s memorandum, and the record of determination from the Director. No oral testimony shall be given, although legal arguments may be made. The determination of the Director shall be accorded substantial weight.
G. The Hearing Examiner is authorized to make findings of fact and conclusions of law regarding the decision. The Hearing Examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the determination of the Director, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the Director by this chapter. The Hearing Examiner’s decision shall be final.
H. The Hearing Examiner shall distribute a written decision to the Director within fifteen (15) business days.
I. The Department shall distribute a copy of the Hearing Examiner’s decision to the appellant within five (5) business days of receiving the decision.
J. In the event the Hearing Examiner determines that there is a flaw in the impact fee program, that a specific exemption per Section 21.03.060 should be awarded on a consistent basis, or that the principles of fairness require amendments to this chapter, the Hearing Examiner may advise the Council as to any question or questions that the Hearing Examiner believes should be reviewed as part of the Council’s review of the fee schedule as provided by Section 21.03.130.
K. The Hearing Examiner’s final decision is subject to appeal to the Superior Court of the state of Washington, Grant County, pursuant to the rules and regulations set forth in the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 3039, 11/14/23; Ord. 3037, 10/24/23)