PORT ANGELES — A building code board of appeals may soon replace the hearing examiner in Clallam County’s appeal process.
Gene Unger, chairman of the Clallam County permit advisory board, made that recommendation to the three county lawmakers Monday.
Commissioners Mike Doherty, Steve Tharinger and Mike Chapman supported the proposal and asked county staff to examine the logistics of such a change.
“Our constituents, being contractors and homeowners, they don’t want to have to come in front of a judge or an attorney,” Unger said.
The proposed three- to five-member building code board of appeals would consist of qualified members of the permit advisory board, or the general citizenry, with expertise on whatever is being appealed.
“Our proposal is, in effect, to turn the building permit appeal process back the way it’s originally written in the code, which would set up the permit advisory board as the appeals board,” Unger said.
“It does some positive things for the constituency in that we can help the building official in interpretations, where the hearing examiner doesn’t have that ability to advise on interpretations of the code.”
Furthermore, it costs $400 to see the hearings examiner. The permit advisory board said that cost is excessive.
Conflict in code
John Miller, director of the Department of Community Development, agreed there is a conflict within the county code. He said he would support cutting the $400 hearing examiner fee in half.
Planning director Steve Gray said there are pros and cons to changing the appeals process. He said the county may gain some experience and expertise by going back to a board of appeals, but it may cost the unbiased perspective from a hearing examiner.
Tharinger said he is inclined to support a review panel of professionals.
“One concern I have is how do you balance the conflict of interest?” Tharinger said.
“I’m not questioning anyone’s professional integrity here, but there is an opportunity for some conflict of interest because you’re seeing each other over coffee, at the job site or whatever.”
Recusals expected
Unger said board members would be expected to recuse themselves should a perceived conflict arise.
Chapman said a building code board of appeals should be advertised to the citizens to supplement expertise from the permit advisory board.
The commissioners asked county staff to look into the logistics of clerk services and the appeals process in other jurisdictions.
Meanwhile, two of the six culverts in the Salt Creek culvert replacement project went to bid. The county is working with the Lower Elwha tribe to replace the rusty barriers and culverts in the Salt Creek drainage to restore wildlife habitat.
Federal salmon recovery funds and the National Oceanic and Atmospheric Administration are paying for the project.
“The Washington, D.C., folks are kind of anxious to see something happen,” said Ross Tyler, Clallam County engineer.
“We were going to do all six together and then decided no, we’ve got everything ready for these two to go right now.”
Bids for the project will come before the board July 7.
The commissioners will vote today on an agreement with the U.S. Fish and Wildlife Service for use of three or more acres in the Dungeness Wildlife Refuge.
“We used to have a lease with them, and this has basically been converted into a cooperative agreement,” said Craig Jacobs, public works director.
For the use and access to the wildlife land, Clallam County will receive $1,860 per year for five years.
Leftover funds
The board will also act on an agreement with the Washington State Military Department to use leftover money from 2008. By rule, the $40,757 supplemental appropriation must be spent by Aug. 15.
The money will pay for emergency management equipment, including five high frequency radios and laptop computers.
Beginning next year, the county’s emergency management division will be budgeted through the auspices of the Sheriff’s Office instead of the public works department.
At 10:30 a.m. today, the commissioners will hold a pair of public hearings on Growth Management Act compliance issues.
The first public hearing will focus on the continuation of interim zoning controls for the Carlsborg Urban Growth Area and rural moderate lands.
The second will center on a proposed ordinance amending rural zones for Growth Management Act compliance.
Detailed information on the compliance proceedings and interim zoning rules is available at www.clallam.net.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.
