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Everett Municipal Code Chapter 20.08 NOISE CONTROL Page 13 of 14 <br /> provisions of this chapter not affected by the variance and the issuance of a violation citation or stop <br /> work order has been or would be ineffective to secure compliance; or <br /> 3. The variance was obtained with false or misleading information. <br /> F. The variance holder must post the variance in a viewable area at the location of the variance or <br /> ' keep it on their person during the effective period of the variance. <br /> G. If the administrator grants a variance, notice shall be mailed by first class mail to those property <br /> owners appearing on the list provided by the applicant per the application requirement herein. The <br /> applicant shall be responsible for paying all mailing costs, which shall be in addition to the variance <br /> ' application fee. <br /> H. Any variance granted by the administrator shall be restricted in duration and an implementation <br /> schedule for achieving compliance with this chapter shall be incorporated therein. No variance shall <br /> exceed thirty days. Variances may be renewed, but no renewal shall be granted unless application is <br /> made at least sixty days prior to expiration of the issued variance and the applicant complies with all <br /> other requirements of this section. <br /> I. Any person aggrieved by a variance decision may file an appeal in writing with the land use <br /> hearing examiner within ten days of issuance of the administrator's decision. The appeal shall be a <br /> proceeding pursuant to Title 15, Review Process IIIA. The appellant must prove by clear and <br /> convincing evidence that the administrator abused his or her discretion in a decision made pursuant to <br /> this section. Any appeal of a variance decision by the administrator may be affirmed, reversed, or <br /> modified by the hearing examiner. The decision of the hearing examiner shall be final. The applicable <br /> provisions of Title 15 shall govern procedure and process of any appeal of an administrator's <br /> decision, except that public notice requirements established in Section 15.24.110 do not apply to this <br /> appeal process. Further, where a provision of Title 15 conflicts with a provision of this section, this <br /> section controls. (Ord. 3509-16 § 14, 2016: Ord. 534-78 § 9, 1978) <br /> 20.08.160 Right to appeal. <br /> Repealed by Ord. 3509-16. (Ord. 2975-07 § 19, 2007: Ord. 534-78 § 10(a), 1978) <br /> 20.08.170 Appeal procedure. <br /> Repealed by Ord. 3509-16. (Ord. 2975-07§ 20, 2007: Ord. 534-78 § 10(b), 1978) <br /> 20.08.180 Variance procedure. <br /> Repealed by Ord. 3509-16. (Ord. 2975-07§ 21, 2007: Ord. 534-78 § 10(c), (d), 1978) <br /> ' 20.08.190 Hearing officer. <br /> Repealed by Ord. 3509-16. (Ord. 534-78 § 10(e), 1978) <br /> The Everett Municipal Code is current through Ordinance 3509-16, assed August 10, 2016. <br /> p 9 <br /> ' Watermain Replacement"U" APPENDIX E-NOISE ORDINANCE October 1, 2019 <br /> WO No.-UP3698 SP-289 <br />