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2016/08/10 Council Agenda Packet
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2016/08/10 Council Agenda Packet
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Council Agenda Packet
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8/10/2016
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.t f <br /> 2. The variance holder causes or permits noise that fails to comply with the <br /> variance or other provisions of this ordinance not affected by the variance <br /> and the issuance of a violation citation or stop work order has been or <br /> would be ineffective to secure compliance; or <br /> 3. The variance was obtained with false or misleading information. <br /> F. The variance holder must post the variance in a viewable area at the location <br /> of the variance or keep it on their person during the effective period of the <br /> variance. <br /> G. If the administrator grants a variance, notice shall be mailed by first class mail <br /> to those property owners appearing_on the list provided by the applicant per <br /> the application requirement herein. The applicant shall be responsible for <br /> paying all mailing costs, which shall be in addition to the variance application <br /> fee. <br /> H. Any variance granted by the administrator shall be restricted in duration and <br /> an implementation schedule for achieving compliance with this ordinance <br /> shall be incorporated therein. No variance shall exceed thirty (30) days. <br /> Variances may be renewed, but no renewal shall be granted unless <br /> application is made at least sixty (60) days prior to expiration of the issued <br /> variance and the applicant complies with all other requirements of this <br /> section. <br /> I. Any person aggrieved by a variance decision may file an appeal in writing <br /> with the land use hearing examiner within ten (10) days of issuance of the <br /> administrator's decision. The appeal shall be a proceeding pursuant to Title <br /> 15, Review Process IIIA. The appellant must prove by clear and convincing <br /> evidence that the administrator abused his or her discretion in a decision <br /> made pursuant to this section. Any appeal of a variance decision by the <br /> administrator may be affirmed, reversed, or modified by the hearing examiner. <br /> The decision of the hearing examiner shall be final. The applicable provisions <br /> of Title 15 shall govern procedure and process of any appeal of an <br /> administrator's decision, except that public notice requirements established in <br /> EMC 15.24.110 do not apply to this appeal process. Further, where a <br /> provision of Title 15 conflicts with a provision of this section, this section <br /> controls. <br /> Section 15. Section 12 of Ordinance No. 534-78, as amended by Section 3 of <br /> Ordinance No. 690-80 (EMC 20.08.220), which reads as follows: <br /> Violation—Penalty. <br /> 137 <br />
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