HomeMy WebLinkAbout05-12-2021 - Order of Dismissal -- Untimely -- Snyder
Order of Dismissal
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THE HEARING EXAMINER OF THE CITY OF RENTON
IN RE:
Frank Snyder
Finding of Violation Appeal
Code No. 19-000584
ORDER DENYING MOTION TO
DISMISS
Summary
Mr. Snyder filed his appeal on time. RMC 1-3-2E2b requires an appeal to be filed
within 15 days of issuance of a Finding of Violation. Finding of Violation is deemed
issued three days after mailing. The FOV under appeal was mailed on March 15, 2021.
Therefore, filing deadline for this appeal was April 2, 2021. Mr. Snyder mailed his
appeal on April 2, 2021.
Evidence Relied Upon
1. Email string from Cynthia Moya to Phil Olbrechts dated April 5, 2021
2. Email string from Phil Olbrechts to Frank Snyder dated April 12, 2021
3. Email from Frank Snyder to Phil Olbrechts dated April 14, 2021
4. Email from Phil Olbrechts to Frank Snyder and Donna Locher dated April 28,
2021
5. Email from Donna Locher dated April 28, 2021
6. Email from Frank Snyder dated April 29, 2021
Order of Dismissal
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Findings of Fact
1. Mr. Snyder was mailed a Finding of Violation Second Notice (FOV) on March
15, 2021. See Ex. 4 attachments (FOV and Certified Mail Receipt).
2. Mr. Snyder filed his appeal on April 2, 2021 (See Ex. 3 attachment). Ms.
Locher wrote in an email that the appeal was received by the City on April 4, 2021. See
Ex. 1.
Conclusions of Law
1. Renton Municipal Code (“RMC”) Section 1-3-2E2b requires an appellant to file
and serve an appeal of a finding of violation “within fifteen (15) days of the date of the
Finding of Violation” and RMC 1-3-2E2a requires the filing of the appeal within 15
days of the date of “issuance” of the Finding of Valuation, and
Construing the “issuance” date from RMC 1-3-2E2b as three days after mailing
as set by Superior Court Civil Rule 6e for deadlines based upon mailed documents, the
filing deadline for the Finding of Violation mailed on March 15, 2021 was April 2,
2021.
The signature date on Mr. Snyder’s appeal was April 2, 2021. The City did not
identify the postmark for Mr. Snyder’s appeal. Given that the City received the appeal
on April 4, 2021, it is reasonable to find that Mr. Snyder mailed his appeal the date he
signed it, April 2, 2021. Since Mr. Snyder mailed his appeal by the April 2, 2021
deadline, his appeal was timely.
Arguably, the Civil Rule 6e three day mailing deadline could be applied to Mr.
Snyder as well, requiring him to mail his appeal three days in advance of the April 2,
2021 deadline. However, given the general public understanding that postmarks are
sufficient to meet deadlines and the lack of clarity on this issue in the municipal code,
the deadline is interpreted in favor of the public.
Order
Mr. Snyder’s appeal was timely. The City Clerk should schedule an appeal hearing
date.
ORDERED this 12th day of May 2021.
Order of Dismissal
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City of Renton Hearing Examiner
Appeal Right
The decision to dismiss the July 29, 2019 appeal is appealable to superior court within
21 days as governed by the Washington State Land Use Petition Act, Chapter 36.70C
RCW.