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i1 <br /> Any appeal of the City's final decision may only be made to Snohomish <br /> County Superior Court in accordance with Chapter 36.70 RCW. The burden <br /> of proof on appeal shall be on appellant. <br /> B. Additional Requirements for Applications Requesting Modification of <br /> Standards for Homeless Encampments. <br /> The applicant may apply for a temporary use permit that applies standards <br /> that differ from those in Section 4 of this Ordinance only where, in addition to <br /> satisfying the requirements in Subsection A of this Section, the applicant <br /> submits a description of the standard to be modified and demonstrates how <br /> the modification would result in a safe homeless encampment under the <br /> specific circumstances of the application. Such requests shall be reviewed by <br /> the City's Hearing Examiner at a public hearing. The Hearing Examiner shall <br /> make a decision regarding the issuance of a temporary use permit and <br /> modification of standards. The notice of the time and place of the public <br /> hearing shall be to the applicant and to any person who, prior to the rendering <br /> of the decision on the permit, made a written request for notice or submitted <br /> substantial comments on the application for the permit. The public hearing <br /> procedures shall be as specified in Ord. 2530-01, Ch. 6 Sec. 5(B) (EMC <br /> 15.24.400). <br /> The Hearing Examiner shall issue findings within 10 business days of the <br /> conclusion of the hearing. Within three business days of rendering the written <br /> decision, copies shall be mailed to applicant and all who have requested <br /> notice by signing a register provided at the hearing. The Hearing Examiner's <br /> decision shall constitute the City's final decision. Any appeal of the City's final <br /> decision may only be made to Snohomish County Superior Court in <br /> accordance with Chapter 36.70 RCW. <br /> In considering whether the modification should be granted, the City shall first <br /> consider the effects on the health and safety of residents and the community. <br /> The burden of proof shall be on applicant. <br /> Section 7. Severability. <br /> If any section, subsection, clause, sentence, or phrase of this ordinance <br /> should be held invalid or unconstitutional, such decision shall not affect the <br /> validity of the remaining portions of this ordinance. <br /> Section 8. No intent to create protected/benefited class. <br /> This Ordinance is intended to promote the health, safety and welfare of the <br /> general public. Nothing contained in this Ordinance is intended to be nor <br /> shall be construed to create or otherwise establish any particular class or <br /> 3 3 8 <br />