2016-05-09-minutes-public-works-study-session

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Conclusion It is essential that employees and officials of city understand fuily the basic premises underlying special assessments and the manner in which a fudge evaluates assessment proceedings. With this understanding the city can take a number of steps to build its own record in support of its actions and to blunt property owner challenges which might otherwise be successful. The key to winning assessment appeals is the preparation done by the city before the case is handed to the lawyer who is assigned to represent the city in court. If the city's employees and officials have performed their jobs, the lawyer's job is a simple and much less expensive undertaking. Use of Hearings Examiner During the last 25 years, the use of hearings examiners for a variety of purposes, mostly relating to land use planning in the state of Washington has become commonplace. Most large cities and counties use the services of a land use hearings examiner (RCW 36.70.970 - counties, RCW 35.63.130 and 35A.63.170 - cities). Passage of the Growth Management Act (RCW Chapter 36.70A) and the Land Use Regulatory Reform Act (RCW Chapter 36.70C) have enhanced the position of a hearings examiner. Use of a hearings examiner results in land use decisions that are based on the facts of a case and the applicable law and not on political considerations. Less common is the use of hearing examiners for LIDS, butthe option is available to busy elected officials. As part of the administrative processing of LIDS, cities can use the services of a hearings examiner. RCW 35.43.140 specifically allows a hearings examiner to be appointed for the purpose of conducting an LID formation hearing and an LID assessment roll hearing. The hearings are quasi-judicial in nature and the hearings examiner is under a legal responsibility to ensure due process for all participating in the process. The hearings examiner is responsible for providing city councils with information necessary to assist them in the formation of the LID or the establishment of the assessment roll. The function of the hearings examiner is to provide councils with facts and applicable law that is understandable and accurate. In conducting LID hearings, the hearings examiner must control the tenor of the hearing. This requires that the hearing be fair and that the hearings examiner's behavior and interest be above reproach. It also requires that adequate notice, pursuantto local ordinances and State statutes, be given in order that all parties have an opportunity to be heard. The purpose of the hearing is to gather necessary factual information needed to applythe law. All decisions must be supported by a complete record and the basis of all decisions must be set forth in Findings of Fact and Conclusions of Law. Decisions must be made pursuant to legal requirements of statutes and local ordinances. Use of a hearings examiner is beneficial to LID processes because it: (1) depoliticizes the process; (2) provides a neat, concise and accurate record of the specific issues of the LID formation and the assessment roll; and, (3) creates a complete, defensible record during court review. Hearings examiner fees are an a igible administrative cost of the LID. Contributors: Blair Burroughs, James M. Driscoll, Rod Kaseguma, and Steve DiJulio. uncal and Road Improvement Districts Manuel for Washington State Sixth Edition 73