Ordinance 2535-01 - Laserfiche WebLink

SECTION 5: That Section 8 of Ordinance No. 1969-93 as amended by Section 5 of Ordinance No. 2137-96 (EMC 2.23.165) which reads in part as follows: 2.23.165 Dismissal - Exhaustion. A. The hearing examiner may summarily dismiss an appeal or application in whole or in part without hearing when the 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. B. 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. BE AND THE SAME IS HEREBY SUPERSEDED BY THE PROVISIONS OF THE CITY'S LOCAL PROJECT REVIEW PROCEDURES ORDINANCE. SECTION 6: That Section 17 of Ordinance No. 692-80 as amended by Section 17 of Ordinance No. 819-81 and Section 6 of ordinance No. 2137-96 (EMC 2.23.170) which reads as follows: 2.23.170 Examiner's decision and recommendation—Findings required. When the examiner renders a decision or recommendation, the examiner shall make and enter written findings and conclusions from the record and conclusions therefrom which support such decision. Within ten working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall render a written decision, including findings and conclusions, and shall transmit a copy of such decision by regular mail, postage prepaid, to the applicant and other persons who have requested notice of the decision by signing a register provided 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. BE AND THE SAME IS HEREBY SUPERSEDED BY THE PROVISIONS OF THE CITY'S LOCAL PROJECT REVIEW PROCEDURES ORDINANCE. SECTION 7: That Section 18 of Ordinance No. 692-80 as amended by Section 7 of Ordinance No. 2137-96 (EMC 2.23.180) which reads as follows: 2.23.180 Notice of examiner's decision. Not later than three working days following the rendering of a written decision, copies thereof shall be mailed to the applicant, all members of the planning commission and to other persons who have requested notice of the decision by signing a register provided at the hearing. If the effect of the decision is a recommendation to the city council, the original thereof shall be transmitted to the city council, along with a copy of the hearing examiner's record. 6