Ordinance 2277-98 - Laserfiche WebLink

3. Modification of CTR Program Goals. (1) An affected employer may request that the City modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. (2) The City will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. (3) An employer may not request a modification of the applicable goals until one year after City approval of its initial program description and annual report. SECTION C: APPEALS 1. Appeals. Any affected employer may appeal administrative decisions regarding exemptions, modifications of goals, modification of CTR program elements, and violations. The appeal must be filed with the City Clerk no later than the 10th day following the date of the administrative decision. The appeal must be in writing and state in a clear and concise manner the specific exceptions and objections to the administrative decision. At the time of filing the appeal a fee in the amount of$100 must be paid to the City. The appeal shall be heard by the City's Land Use Hearing Examiner. Substantial weight shall be given to the administrative decision and the burden of establishing the contrary shall be upon the appealing party. 2. In reviewing the appeal, the Hearing Examiner shall determine whether the administrative decision is consistent with the provisions of the CTR Law, the CTR Task Force Guidelines and this ordinance including Everett's CTR Plan. The Hearing Examiner shall have jurisdiction over the appeal and the authority to affirm, modify, reverse or remand the administrative decision,or to grant other appropriate relief. The decision of the Hearing Examiner shall constitute the final decision of the City. SECTION D: THIRD PARTY LIABILITY It is expressly the purpose of this ordinance to provide for and promote the health, safety,and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers,employees or agents. 14