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2005/11/23 Council Agenda Packet
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2005/11/23 Council Agenda Packet
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Council Agenda Packet
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11/23/2005
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• <br /> • <br /> 9 <br /> hearing examiner will preside over the hearing. In the event the licensee fails to attend <br /> the hearing, the license will automatically be revoked/suspended. Any <br /> revocation/suspension will not be effective until the violations hearing examiner <br /> makes a determination following the hearing. <br /> D. Notwithstanding subsection C of this section, a license suspension/revocation shall <br /> become effective immediately without the benefit of any presuspension/revocation <br /> hearing when this chapter requires a summary revocation/suspension or when the city <br /> clerk determines that it is in the best interest of the health and/or safety of the citizens <br /> of Everett to do so. <br /> E. Within ten days following the date of revocation or suspension of any license issued <br /> pursuant to this chapter, or within ten days following the date of denial of any license <br /> regulated by this chapter, an appeal may be filed with the city's parking hearing <br /> examiner. Upon the timely filing of an appeal, the licensee shall be afforded a hearing <br /> before the city's parking hearing examiner after notice as provided herein has been <br /> given. Said appeal shall be in writing and addressed to the city's parking hearing <br /> examiner, "ATTENTION: City Clerk."Notice of the time and date of such appeal <br /> hearing shall be given by delivering a copy of the notice to the holder of the license or <br /> by mailing a copy thereof to the holder at his last address as shown by the city clerk's <br /> license records which notice shall be mailed or delivered at least five days before the <br /> date fixed for the hearing. The city's parking hearing examiner shall, within thirty <br /> days after the conclusion of such hearing,issue a decision as to the revocation, <br /> suspension or denial. Such decision of the city's parking hearing examiner shall be <br /> final and conclusive as of the date set forth in the decision, unless within fifteen days <br /> from the effective date of the city's parking hearing examiner's order an aggrieved <br /> person or persons obtain a writ of certiorari from the Superior Court of Washington <br /> for Snohomish County for purpose of review of the action taken. <br /> It is unlawful for any person whose license has been revoked or suspended to keep the <br /> license issued to him/her in his/her possession or under his/her control, and the same <br /> shall immediately be surrendered to the city clerk. When revoked, the license shall be <br /> canceled, and when suspended the city clerk shall retain the same during the period of <br /> suspension. <br /> Section 5: General duty. <br /> It is expressly the purpose of this ordinance to provide for and promote the health, safety <br /> and welfare of the general public and not to create or otherwise establish or designate any <br /> particular class or group of persons who will or should be especially protected or <br /> benefited by the terms of this ordinance. It is the specific intent of this ordinance that no <br /> provision nor any term used in this ordinance is intended to impose any duty whatsoever <br /> upon the city or any of its officers or employees. Nothing contained in this ordinance is <br /> intended nor shall be construed to create or form the basis of any liability on the part of <br /> the city, or its officers, employees or agents, for any injury or damage resulting from any <br /> action or inaction on the part of the city related in any manner to the enforcement of this <br /> ordinance by its officers, employees or agents. <br /> 10 <br /> 59 <br />
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