Spokane Municipal Code

Title 12 Public Ways and Property

Chapter 12.09 Telecommunications, Cable – Municipal Authorization to Use Right-of-way

Section 12.09.160 Appeals

1. Any party feeling aggrieved by an order or decision of the administering officer or other municipal official relating to this chapter may appeal the same by filing notice of appeal with the City of Spokane hearing examiner within thirty days of the date of mailing or transmittal to said party of such order or decision appealed from. Included with the notice of appeal must be a statement of reasons for the appeal and copies of any pertinent documents or information and proof of delivery in such time limit of such submittals to the administrative officer and city attorney. A filing fee of fifty dollars must also be paid to the hearing examiner at the time of filing, but no filing fee is required for municipal appeals.
    
2. Upon receipt of a notice of appeal, where any penalty or charge is concerned, the administrative officer shall determine the amount of any accrued penalty or charge and notify the appealing party. The appealing party must post with the hearing examiner a bond, cash deposit or other suitable form of security as ordered by the administrative officer within ten days of notification as a condition of further prosecuting any appeal. If the appeal is sustained, the security shall be returned. If the appeal is denied, the security shall be applied to any accrued penalty or charge. No appeal shall stay the accrual of any continuing penalty except upon a showing the appeal had reasonable merit and was taken in good faith, and not for purposes of delay.
    
3. The hearing examiner shall conduct a hearing on the appeal within thirty days of filing of the notice of appeal, and issues a decision thereafter within twenty days of the hearing. The hearing examiner’s decision is final, subject to appeal in a court of competent jurisdiction by either party with a notice of appeal filed within thirty days, copies to be served upon the hearings examiner, and adverse party. If a City official is the responding party, a copy shall also be served on city attorney within such time limit.
    
4. An order or decision of the administering officer shall be sustained by the hearing examiner or a reviewing court unless found to be arbitrary and capricious. Upon timely appeal to a reviewing court, the hearing examiner certifies the record and delivers the same to the court where filed. The hearing examiner may require a deposit of funds by the appealing party in an amount estimated necessary to prepare the record as a condition of certifying the record.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1