Snohomish County 9/21/2020 - Laserfiche WebLink

permit application, the County shall transfer all materials relating to the pending permit application to the City. After such transfer, the City shall perform all remaining permit review, approval, and issuance activities. 5.6.4 Administrative appeals. Notwithstanding anything to the contrary contained in Subsection 5.6.3, the Parties agree that it is not desirable for the County's quasi- judicial hearing officers or bodies to act as agents for the City for the purposes of hearing and deciding administrative appeals of permit decisions on behalf of the City, but it is also not desirable to disrupt an administrative appeal that is already in progress on the effective date of the Annexation. Accordingly, if the permit review phase that was in progress on the effective date of the Annexation was an administrative appeal of a decision made by the County, then that administrative appeal shall be handled as follows: (i) If the appeal hearing has not yet occurred as of the effective date of the Annexation, then all materials related to the appeal shall be transferred to the City as soon as reasonably possible after the effective date of the Annexation and the appeal shall be handled by the City pursuant to the procedures specified in the City's municipal code. The County agrees that it shall reasonably make its employees available as witnesses at no cost to the City if necessary to provide assistance to the City on appeals for decisions that were made by the County prior to the effective date of the Annexation; (ii) If the appeal hearing has already occurred as of the effective date of the Annexation, but no decision has yet been issued by the County's quasi- judicial hearing officer or body, then the County's quasi-judicial hearing officer or body shall act as an agent for the City and issue a timely decision regarding the administrative appeal on behalf of the City; or (iii) If a decision regarding the administrative appeal was issued by the County's quasi-judicial hearing officer or body prior to the effective date of the Annexation, but a timely request for reconsideration was properly filed with the County prior to the effective date of the Annexation, then the County's quasi-judicial hearing officer or body shall act as an agent for the City and issue a timely decision on reconsideration on behalf of the City. 5.6.5 Effect of decisions by the County regarding permit review phases. The City shall respect and give effect to all decisions made in the ordinary course by the County regarding those permit review phases, as defined in Subsection 5.1, for a pending permit application within the Annexation Area that are completed by the County prior to the effective date of the Annexation, or on behalf of the City after the effective date of the Annexation. Nothing herein shall deny the City its right to appeal, or continue an existing appeal, of any appealable decision made by the County prior to the effective date of the Annexation. INTERLOCAL AGREEMENT Page 5 of 21 BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19,2020 CONCERNING THE SMITH ISLAND WEST ANNEXATION PURSUANT TO RCW 35.13.470