Hearing Examiner Appeals
The role of the hearing examiner in administering the development code is governed by Chapter 3.40 MICC. The hearing examiner will hear and decide upon applications and appeals as designated in this Code.
If an ordinance or regulation is violated, a Code Compliance Officer will offer a Voluntary Compliance Agreement or issue a Notice and Order or Stop Work Order to the property owner, to the tenants / occupants or to both. A Notice and Order can be appealed to the Hearing Examiner.
Responsibilities
The Hearing Examiner’s primary responsibility is to provide a fair, impartial, and independent fact-finding and decision-making service within city government. The hearing examiner has jurisdiction over a wide range of subject matter, including many types of land use applications and appeals, such as:
- Most rezones
- Subdivisions
- Planned residential developments
- Conditional use permits
- Code compliance appeals (Chapter 6.10.090)
- Construction Administrative Code appeals (Chapter 17.14.020)
- State Environmental Policy Act appeals
The Hearing Examiner hears appeals for various other city functions including, but not limited to:
- False alarm notice appeals (Chapter 8.10.060)
- Business and Occupation Tax appeals (Chapter 4.10.210)
- Regulation and Licensing of Solicitors (Chapter 5.16.090)
- Potentially Dangerous Dogs Appeals (Chapter 7.04.120)
- Storm Water Appeals (Chapter 15.09.090)
- Unlawful Cross-Connections appeals (Chapter 15.14.100)
- Environmental Administrative Appeals (Chapter 19.21.200)
How to File an Appeal
If you are named in a notice of violation or stop work order, or are the owner of the land where the violation for which such a notice or order is issued, you may file a notice of appeal within 14 days of the service of the notice or order. The notice of appeal must be made in writing using the appropriate city form. Clearly explain the basis for the appeal, and include the applicable appeal fee as established in a fee schedule adopted by the Mercer Island city council
Fee Payment Instructions
City offices are currently closed to the public. Payments are accepted via the City’s Payment Portal. You will need your bank routing information to make the payment. There is not an option to pay by credit card at this time.
- To access the portal click the following link: Payment Portal
- Select “Building Related Fees”
- Enter your contact information, permit number, and the payment amount
- Your permit number: APPEAL
- Your payment amount: $1760 (do not include a comma when you enter the number)
- Follow the prompts to make the payment using your bank routing information
Frequently Asked Questions
How much is the appeal fee and what is the deadline for filing?
The 2025 fee to file an appeal is $1,760 (see Chapter 8 of the 2025 Fee Schedule). It covers 10 hours of staff time. Additional staff hours billed to this appeal will be charged to the party who initiated the appeal at the hourly rate.
Can I file a Notice of Appeal and pay the fee later?
No. The appeal fee must be paid before the City can accept the Notice of Appeal (MICC 6.10.090)
Can the deadline for filing an appeal be extended?
No. An appeal must be filed within 14 days of the service of the notice or order.
Can I postpone or request an extension on paying the appeal fee?
No. The applicable appeal fee must be included when the appeal is submitted.
If I win my appeal, will I receive a refund of the appeal fee?
Yes.
What happens if I withdraw my appeal? Do I receive a refund of the appeal fee?
If you withdraw your appeal and no staff time has been spent on the appeal, you will receive a full refund. However, if any staff time is spent processing the appeal at the time you decide to withdraw the appeal, you will not receive a refund.
