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ORDINANCE Page 17 of 17 <br />appeal the determination by filing a notice of appeal with the hearing examiner within thirty days, <br />specifying the factual and legal basis for the appeal on which the determination of cancellation is alleged <br />to be erroneous. The hearing examiner will conduct a hearing at which the applicant and the city will be <br />heard, and all competent evidence received. The hearing examiner will affirm, modify, or repeal the <br />decision to cancel the exemption based on the evidence received. <br />3.78.150 120 Appeals to the Hearing Examiner. <br />A. The City Council shall hear appeal of a decision of the planning director that the owner is not entitled <br />to a conditional certificate of tax exemption, filed within thirty days of notification by the city to the <br />applicant, and as set forth in Section 3.78.100(E). <br />B. The city’s land use hearing examiner is hereby provided jurisdiction to hear appeals of the decisions of <br />the planning director under this chapter. Said appeals shall be as follows: <br />1. Appeal of a decision of the planning director that the owner is not entitled to a final <br />certificate of tax exemption, filed within thirty days of notification by the city to the owner of <br />denial of a final certificate of tax exemption, and as set forth in Section 3.78.120(B). <br />2. Appeal of a cancellation of tax exemption, filed within thirty days of the notification by the <br />city to the owner of cancellation, and as set forth in section 3.78.140(B). <br />C. B. The hearing examiner’s following procedures shall apply to hearings under this chapter to the <br />extent they are consistent with the requirement of this chapter and Chapter 84.14 RCW. The hearing <br />examiner appeal body shall give substantial weight to the planning director’s decision and the burden of <br />overcoming the weight shall be on the appellant. The decision of the examiner appeal body constitutes <br />the final decision of the city. An aggrieved party may appeal the decision to superior court under <br />RCW 34.05.510 through 34.05.598 if the appeal is properly filed within thirty days of notification by the <br />city to the appellant of that decision.