Ordinance 2530-01 - Laserfiche WebLink

9. Notice of Examiner's Decision. Not later than three (3) working days following the rendering of a written decision or recommendation, copies shall be mailed to the applicant and to other persons who have requested notice of the decision by signing a register provided at the hearing. Alternatively, the City may transmit the decision electronically to any person who so indicates on the register at the hearing. The City shall retain the right to charge a reasonable fee to recover costs associated with providing such copies. The person mailing such decision shall prepare an affidavit of mailing, in standard form, and such affidavit shall become a part of the record of such proceedings. If the Examiner is making a recommendation to the City Council,the recommendation and a copy of the Examiner's record shall be transmitted to the City Council. 10. Reconsideration. Any aggrieved party of record who has actively participated in the hearing before the Examiner may file a written request for reconsideration with the Examiner within ten(10) working days after the written decision of the Examiner has been rendered. "Actively participated in the hearing before the 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 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 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 the preceding paragraph. 11. Remand from Council. When the City Council entertains a recommendation from the Examiner, the City Council may accept the findings or conclusions of the Examiner, remand the recommendation to the Examiner or reverse the decision of the Examiner. Council's action shall be based upon the 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 Examiner or reverse the decision of the Examiner. 12. Appeal of City's Decision. The decision of the Examiner constitutes the final decision of the City except when the Examiner makes a recommendation to City Council, then the final decision of the City shall be the City Council's. Appeals of the City's final decision shall be to Snohomish County Superior Court in accordance with RCW 36.70.C; provided, however, appeals from the City's final decision on shoreline permits shall be to the Shoreline Hearings Board under RCW 90.58. Any appeals shall be in accordance with the appeals section of this Ordinance (see Chapter 6, Section 4). 21