Ordinance 3774-20 - Laserfiche WebLink

decision and notify the city and the applicant of its decision approving or disapproving the permit within thirty(30)days of filing by the city.The city shall notify those interested persons having contacted the city under the final decision. 5. Reconsideration.Any aggrieved party of record who has actively participated in the hearing before the hearing examiner may file a written request for reconsideration with the hearing examiner within ten(10) working days after the written decision of the hearing examiner has been rendered."Actively participated in the hearing before the hearing examiner" means the party has submitted oral or written testimony, excluding persons who have merely signed a petition.This request shall set forth the specified errors of fact and/or law relied upon.The hearing examiner may deny the request in writing or issue a revised decision or reconvene the public hearing. If the hearing is reconvened, notice of said reconvened hearing shall be mailed to all parties of record not less than ten (10)working days prior to the hearing date.The hearing examiner's written decision shall be rendered within fifteen(15)working days of the conclusion of the reconvened hearing. Notice of the decision shall be provided as specified in subsection E.4 above. 6. Remand from council.When the city council entertains a recommendation from the hearing examiner, the city council may accept the findings or conclusions of the hearing examiner, remand the recommendation to the hearing examiner or reverse the decision of the hearing examiner.Council's action shall be based upon the hearing examiner's record. No new information or evidence may be presented to the city council.After receiving the recommendation following remand,the city council shall either accept the recommendation of the hearing examiner or reverse the decision of the hearing examiner. 7. Dismissal— Exhaustion. a. Under a motion filed by the city or a party to the appeal,the hearing examiner may summarily dismiss an appeal or application in whole or in part without hearing when the hearing examiner determines that the appeal or application is untimely,without merit on face,frivolous, beyond the scope of his/her jurisdiction,brought merely to secure a delay or that the applicant/appellant lacks standing. If the hearing examiner issues a dismissal order,the hearing examiner shall explain the reasons for the dismissal. b. If the hearing examiner issues an order requiring the applicant,or any other party to the appeal,to provide additional information within a specified time period, and the party to which the order is directed fails to provide the information by the required deadline,the hearing examiner may dismiss the appeal,issue a decision on the basis of information in the record, or take other action as deemed appropriate by the hearing examiner. c. No person may seek judicial review of any decision or determination of the city unless the person first exhausts the administrative remedies provided by the city,except for an appeal of a determination by the planning director that a proposed land use is in violation of the unified development code. 8. Jurisdiction retained by hearing examiner.Whenever the hearing examiner renders a decision,the hearing examiner retains jurisdiction for the purpose of making minor changes.A"minor change"is one or more changes which do not alter the scope of the decision. a. Upon receipt of an application for a minor change,the hearing examiner may approve or disapprove a minor change by issuance of a written order. b. It shall be the discretion of the hearing examiner to reconvene the hearing. If the hearing examiner does not reconvene the hearing,the hearing examiner may request written clarification or comments of the minor changes.Such comments will become part of the official record. c. Copies of the order shall be mailed to all parties of record.Within ten(10)days of the issuance of the order,a party of record may submit a written request with the hearing examiner's office requesting a hearing. Upon receipt of such request,the hearing examiner's order approving the minor change will be stayed pending the hearing.Absent receipt of a request for hearing,the order shall become final upon expiration of the ten-day period. Ch.15.02 Local Project Review 25 City Council Action(11/04/2020)