§ 11.05.02. Procedures

A.

Application and Submittals

1.

A Request for Relief shall be submitted to the Administrator as set forth in Section 11.0 of the Development Review [Procedures] Manual.

2.

The Administrator shall include in the Request for Relief form provided to the property owner a list of the approved Land Use Hearing Officers and instructions for objecting to any person named on the list. Unless a property owner objects to a Land Use Hearing Officer in the property owner's Request for Relief, the Administrator will presume that all of the listed Land Use Hearing Officers are mutually acceptable to the property owner and the Administrator and will select one of them as the Land Use Hearing Officer to consider the Request for Relief.

B.

Referral to Land Use Hearing Officer

Within ten days of receipt of the Request for Relief, the Administrator shall forward the request to a Land Use Hearing Officer selected from the approved list of Hearing Officers. This time period may be extended by agreement of the parties.

C.

Objection to Hearing Officer

If the property owner objects to all of the persons on the approved Land Use Hearing Officer list, the Administrator shall be allowed additional time to secure a mutually acceptable Land Use Hearing Officer.

D.

Notice of Filing

Concurrently with the forwarding of the Request for Relief to the Land Use Hearing Officer, the Administrator shall serve, by U. S. Mail or hand delivery, a copy of the Request to:

1.

Owners of real property contiguous to the applicant's property at the address shown on the latest County tax roll, and

2.

Any substantially affected person who submitted oral or written testimony of a substantive nature which stated with particularity an objection to or support for any development order or enforcement action at issue.

Notice to a substantially affected person is required only if that person indicated to the County a desire to receive notice of any subsequent Land Use Hearing Officer proceedings occurring on the development order or enforcement action.

E.

Request to Participate in Proceedings

Within 21 days after receipt of the Request for Relief, any owner of land contiguous to the applicant's property and any substantially affected person who submitted oral or written testimony of a substantive nature, may request to participate in the proceeding. These persons may be permitted to participate in the hearing but shall not be granted party or intervenor status. The participation of such persons is limited to addressing issues raised regarding alternatives, variances, and other types of adjustments to the development order or enforcement action which may impact their substantial interests, including denial of the development order or application of an enforcement action.

F.

Filing of Response

1.

Within 15 days following the filing of a Request for Relief with the County, the Administrator shall file a Response to the Request for Relief with the Land Use Hearing Officer, together with a copy to the applicant, setting forth in reasonable detail the position of the County regarding the matters alleged by the applicant, and including a brief statement explaining the public purpose of the regulations on which the development order or enforcement action is based. Any other government entity that is added by the Land Use Hearing Officer as a party must file a response prior to the hearing, but not later than 15 days following its admission as a party.

2.

The County's response shall also include a sufficiency report which indicates whether the claim for relief contains the following information:

a.

A brief statement of the owner's proposed use of the property.

b.

A summary of the development order or description of the enforcement action. A copy of the development order or the documentation of an enforcement action at issue must be attached to the request.

c.

A brief statement of the impact of the development order or enforcement action on the ability of the owner to achieve the proposed use of the property.

d.

A certificate of service showing the parties, including the governmental entity, served.

G.

Sufficiency Hearing

Prior to any hearing on the merits of the Request for Relief, the Land Use Hearing Officer may conduct a hearing on whether the request for relief should be dismissed for failing to include the information required above. If the Hearing Officer dismisses the case, he or she shall allow the owner to amend the request and refile. The applicant and all parties in the matter shall receive 15-days' notice by U. S. Mail or hand delivery regarding the date, time, and location of the sufficiency hearing. The applicant's failure to submit an adequate amended request within the time specified by the Hearing Officer shall result in a dismissal with prejudice of the proceeding.

H.

Notice and Timing of Hearing

1.

The Land Use Hearing Officer shall, within 45 days after receipt of the Request for Relief, hold a hearing on the merits of the request, unless a different date is agreed to by all the parties. At least 40 days prior to the hearing, the Hearing Officer must provide notice of the hearing to all parties and other persons who have requested such notice.

2.

The cost of providing notice and effecting service of the request for relief shall be borne equally by the County and the property owner. The Administrator shall provide to the property owner the amount owed by the property owner at least ten days before the hearing.

3.

Notice to all parties and other persons who have requested such notice shall contain the following information:

a.

Application number and date of filing,

b.

Location and total area of the property,

c.

Present Zoning and Comprehensive Plan designation of the property,

d.

Date, time and place of the hearing, and

e.

Instructions for obtaining further information regarding the application.

I.

Conduct of the Hearing

The Land Use Hearing Officer shall act as a facilitator or mediator between the parties in an effort to effect a mutually acceptable solution. If an acceptable solution is not reached through the Hearing Officer's attempt at mediation, the Hearing Officer shall proceed to conduct a quasi-judicial hearing as set forth in the Development Review Manual.

(Ord. No. 01-26, § 2, 9-12-01)