Sumner to use hearing examiner instead of Board of Appeals for building-code appeals

On Nov. 17 the Sumner City Council adopted ordinance 2950 to amend Sumner Municipal Code 15.08 and shift appeals of building-code official decisions from a Board of Appeals to the city’s contracted hearing examiner.

Deputy City Attorney Doug Ruth summarized the change: the International Building Code provides for a Board of Appeals, but many municipalities instead use a hearing examiner. Under the ordinance, appeals would be filed within 15 days, heard de novo by the hearing examiner (who may take testimony and must give substantial weight to the building official’s decision), and the examiner must issue a decision within 15 days. The hearing examiner’s rulings remain subject to judicial review under applicable statutes (including LUPA for land-use matters).

Ruth said Sumner’s current hearing examiner is an attorney who provides services for many cities and handles a range of land-use appeals; staff argued the hearing-examiner model avoids the practical difficulty of maintaining a standing Board of Appeals for a process that is infrequently used.

Several residents urged caution. Scott Jordan said moving from a panel to a single decision-maker could concentrate power and might feel less fair; Linda Ridley said she preferred a panel in those rare but weighty appeal cases. Council members asked how often appeals arise (staff said appeals are rare; the city had not had an appeal in nearly 10 years). Council member Elfers moved to adopt the ordinance and Council member Beteto seconded; the motion passed by unanimous roll call.

What’s next: the code change will take effect per the ordinance and future appeals of building-code official decisions will be processed under the hearing-examiner procedures already used for other land-use appeals.