5.80.120 Appeals.
A. Any person aggrieved by the administrator’s decision to approve, condition, or deny an application required by this chapter or to suspend or revoke an application under this chapter may file an appeal of such decision. Any such appeal must be filed in writing with the administrator within thirty (30) days from the date the administrator’s decision is received or deemed received by the designated contact person.
B. Upon receipt of an appeal, the administrator shall forward the same to the Hearing Examiner. The Hearing Examiner shall schedule and hold a hearing on the appeal within thirty (30) days following the administrator’s receipt of the appeal. During the pendency of the hearing and until final action is taken by the City council as provided herein, the administrator’s decision shall be stayed; provided, that the Hearing Examiner may, at the request of the administrator and following a hearing provided for this purpose, order the shooting sports facility to cease operations pending the appeal hearing if the Hearing Examiner determines that ceasing operations is necessary to prevent an imminent danger to the public health or safety. At the appeal hearing, both the applicant or licensee and the administrator shall be entitled to be represented and to present evidence. Upon completion of the hearing, the Hearing Examiner shall make written findings and conclusions and shall issue a recommendation to the City council on the appeal. At a public meeting, the City council, upon considering the recommendation of the Hearing Examiner, shall, without taking additional evidence:
1. Accept the Hearing Examiner’s recommendation as presented and thereby uphold the decision of the examiner; or
2. Overturn the decision of the Hearing Examiner and either issue its own decision based upon the record or remand the matter to the Hearing Examiner for the taking of additional evidence; or
3. Modify the Hearing Examiner’s decision based upon the record made before the examiner.
C. Appeal from a decision of the City council under this section shall be to the King County Superior Court and must be filed and served within thirty (30) days after the decision of the City council.
D. In the event that the applicant or licensee fails to appeal the administrator’s decision within the time periods provided in this section, the decision shall be final.
E. Whenever any license issued under this chapter is suspended or revoked, the shooting sports facility operator shall immediately return said license to the administrator. (Ord. 2546 § 2 (part), 2010: Ord. 2485 § 1 (part), 2009; Ord. 2120 § 1 (part), 2002).