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1. At least twenty working days prior to the date of the scheduled hearing on the appeal <br /> before the examiner, the appellant shall file with the office of the hearing examiner a <br /> memorandum setting forth the appellant's arguments and authority. Such arguments and <br /> authority shall be restricted to those issues set forth in appellant's written appeals <br /> statement; <br /> 2. At least ten working days prior to the date of the scheduled hearing before the <br /> examiner, city staff shall file with the office of the hearing examiner and provide the <br /> appellant with a staff report responding to the appellant's memorandum concerning the <br /> appeal; and <br /> 3. At least five days prior to the date of the scheduled hearing before the hearing <br /> examiner, the appellant shall file with the office of the hearing examiner any reply <br /> memorandum which the appellant desires to file. The scope of the reply memorandum <br /> shall be restricted to responding to issues raised in the staff report. <br /> Failure to comply with the requirements of this section may result in the hearing <br /> examiner taking such action in regard to the failure as is appropriate including, but not <br /> limited to, continuing the hearing, postponing the hearing or limiting testimony at the <br /> hearing. <br /> BE AND THE SAME IS HEREBY SUPERSEDED BY THE PROVISIONS OF <br /> THE CITY'S LOCAL PROJECT REVIEW PROCEDURES ORDINANCE. <br /> SECTION 4: That Section 16 of Ordinance No. 692-80 as amended by Section 4 of <br /> Ordinance No. 819-81, Section 6 of Ordinance No. 1121-85, Section 5 of Ordinance No. <br /> 1969-93 and Section 4 of Ordinance No. 2137-96 (EMC 2.23.160) which reads as <br /> follows: <br /> 2.23.160 Public hearing. <br /> Before rendering a decision on any application or appeal or making a recommendation, <br /> the examiner shall hold one open record hearing thereon. Notice of the time and place of <br /> the public hearing shall be given as provided in the city's procedural ordinance <br /> implementing the Regulatory Reform Act (Title 15 of this code, including any <br /> amendments thereto). If none is specifically set forth, such notice shall be given at least <br /> ten working days prior to such hearing by mailing notification to property owners per <br /> county assessor records within three hundred feet of the subject property and identified <br /> neighborhood groups who have requested notice of land use matters. The applicant, or in <br /> the case of an appeal the appellant, shall have the responsibility of providing the city with <br /> a list of said property owners at his own expense and said list shall contain the true <br /> address of the property owner and current tenants and not the address of a mortgage <br /> lending company. If the true address cannot be ascertained, the address of the property <br /> shall be accepted; provided, however, any request for a variance, special exception or <br /> appeal which is subject exclusively to the provisions of the Everett Municipal Code, <br /> Chapters 13.16 or 13.68, shall be exempt from the notice provisions of this section. <br /> BE AND THE SAME IS HEREBY SUPERSEDED BY THE PROVISIONS OF <br /> THE CITY'S LOCAL PROJECT REVIEW PROCEDURES ORDINANCE. <br /> 5 <br />