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FY2010-09 Hearing Examiner for Borough Appeals1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2010 -09 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Borough Assembly Borough Clerk Borough Attomey 06/10/2010 06/17/2010 06/17/2010 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 16 SUBDIVISION CHAPTER 16.90 APPEALS TO THE ASSEMBLY SECTION 16.90.100 HEARING EXAMINER AND TITLE 17 ZONING CHAPTER 17.225 APPEALS TO THE BOARD OF ADJUSTMENT SECTION 17.225.090 HEARING EXAMINER WHEREAS, the Kodiak Island Borough Code (KIBC) provides no other guidance on the qualifications or standards for a hearing officer under Sections 16.90.100 and 17.225.090 which have apparently been in effect since 1990 or 1991. There is likewise no guidance under Alaska Statutes (AS) 29.40.050 which has been in effect at least since 1985; and WHEREAS, in 2004, the Alaska Legislature authorized the creation of the Office of Administrative Hearings in AS 44.64 which refers to the hearing officers in its department as administrative law judges (ALJs); and WHEREAS, among other things, AS 44.64.040 sets standards for ALJs; AS 44.64.050 establishes a code of conduct for them; and AS 44.64.060 sets procedures for hearings; and WHEREAS, the following suggested changes would allow the borough to immediately refer appropriate appeals to the Office of Administrative Hearings rather than first obtaining an Assembly resolution; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; and Section 2: Title 16 Subdivision Chapter 16.90 Appeals to the Assembly Section 16.90.100 Hearing Examiner is hereby amended as follows: 16.90.100 Hearing examiner. Where the subdivider is the borough or a municipality, the appeal shall be heard and decided upon by a hearing examiner. . The clerk shall refer the appeal to the Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the hearing examiner shall follow the rules and procedures as set forth in the preceding sections of this chapter. Kodiak Island Borough Ordinance No. FY2010 -09 Page 1 of 2 50 Section 3: Title 17 Zoning Chapter 17.225 Appeals to the Board of Adjustment Section 51 52 53 17.225.090 Hearing examiner. 54 When the borough is either the applicant or appellant, the appeal shall be heard and 55 decided upon by a hearing examiner. 56 - - :tee - = - - - ... _ _ _ _ _ _ _ _ The clerk shall refer the appeal to the 57 Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the 58 hearing examiner shall follow the rules and procedures as set forth in the preceding sections 59 of this chapter. 60 61 62 63 64 65 66 67 68 69 70 71 ATT _ T: 72 73 74 75 17.225.090 Hearing Examiner is hereby amended as follows: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF JUNE, 2010 N • va M. Javier, M C, Borough Clerk KODIAK ISLAND BOROUGH e ' me M. Selby, Borou Kodiak Island Borough Ordinance No. FY2010 -09 Page 2 of 2