A. As authorized by RCW 35.44.070, the city council hereby provides for delegating to the hearing examiner appointed under this section, whenever directed by majority vote of the city council, the duty of conducting public hearings for the purpose of considering final assessment rolls and making recommendations regarding the individual assessments upon property within local improvement districts or utility local improvement districts, and the hearing examiner is directed to conduct such hearings and make such recommendations when thus authorized by the city council.

B. All objections to the confirmation of the assessment roll shall be in writing and identify the property that is the subject of the objection, be signed by the owners and clearly state the grounds of the objection. Objections not made within the time and in the manner prescribed and as required by law shall be conclusively presumed to have been waived.

C. The hearing examiner shall conduct the hearing to be commenced at the time and place designated by the city council, cause an adequate record to be made of the proceedings, and make written findings, conclusions and recommendations to the city council following the completion of such hearings, which may be continued and recontinued as provided by law whenever deemed proper by the hearing examiner, and the city council shall either adopt or reject the recommendations of the hearing examiner.

D. The recommendations of the hearing examiner shall be that the city council correct, revise, lower, change or modify the roll or any part thereof, or set aside the roll in order for the assessment to be made de novo, or that the city council adopt or correct the roll or take other action on the roll as may be found appropriate, including confirmation of the roll without change. The recommendations of the hearing examiner shall be filed with the city clerk and all persons whose names appear on the assessment roll shall receive mailed written notification of their recommended assessments.

E. Any persons who shall have timely filed proper written objections to their assessments, and participated in the hearing, may appeal the decision and recommendations of the hearing examiner to the city council by filing written notice of such appeal with the city clerk within 10 calendar days after the date of mailing of notification of the hearing examiner’s decision.

F. The appeal shall be based exclusively upon the record made before the hearing examiner and shall be considered by the city council at a public meeting of which notice shall be mailed to all appellants at least 10 calendar days in advance of such consideration by the city council. No new evidence may be presented. Arguments on appeal shall be either oral or written as the city council may order.

G. The city council shall adopt or reject the recommendations of the hearing examiner at a public meeting, after considering any appeals, and shall act by ordinance in confirming the final assessment roll.

H. Appeals from a decision of the city council regarding any assessment may be made to the superior court within the time and in the manner provided by law.

I. The procedures set forth in this section are independent of and alternative to any other hearing or review processes heretofore or hereafter established by the city, and shall govern the conduct and review of final assessment hearings conducted before hearing examiners and related proceedings when authorized by the city council. (Ord. 3404 § 3 (Att. A), 2021; Ord. 2228 § 1, 1999)