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White Salmon narrows hearing-examiner authority in municipal code update
Summary
The council adopted Ordinance No. 2026-03-1185 to clarify when a hearing examiner can be used in city code, following council concern that proposed language could expand the examiner’s role beyond explicit code assignments.
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Mayor Marla Keethler opened a public hearing March 18 on Ordinance No. 2026-03-1185, which amends White Salmon Municipal Code Section 2.21 to establish clearer procedures for the city’s hearing examiner. The ordinance was adopted with a revision clarifying that hearing-examiner authority applies only when a specific provision of the municipal code expressly grants it.
The change responds to staff concerns that earlier language left a gap for code-compliance hearings. Code Compliance Officer Jenne Patterson told the council the amendment places the hearing process in Chapter 2 to improve consistency and efficiency across departments.
Councilmember David Lindley sought clarification about appeals and quasi‑judicial matters. City Attorney Shawn MacPherson explained that appeals to Superior Court under the Land Use Petition Act (LUPA) apply only to land‑use decisions and that for general code-compliance violations the hearing examiner’s decision is the city’s final administrative determination.
Councilmember Doug Rainbolt raised concerns that subsection B(3) in the proposed language was overly broad and could enable the examiner to take on responsibilities beyond the drafters’ intent. Mayor Keethler and other councilmembers agreed to clarify the subsection by emphasizing that the examiner’s authority must be expressly assigned through the municipal code, not assumed by staff or policy alone.
On a motion by Councilmember Doug Rainbolt, seconded by Councilmember David Lindley, the council adopted Ordinance No. 2026-03-1185 with the revised language. The motion carried 4-0. The revised ordinance will take effect according to the city’s adoption process.
