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• <br /> • <br /> error in law does not exist, it shall deny the appeal. If, after the examination of such record at a <br /> public meeting, the council determines that an erroneous procedure or substantial error in fact or <br /> error in law may exist in the record, it shall either remand the proceeding to the examiner for <br /> reconsideration or, after conducting a public hearing, it may modify, remand or reverse the decision <br /> of the examiner accordingly. <br /> Notice of the filing of an appeal shall be made to all parties of record to the hearing, and <br /> said notice shall give the time and date when the council will consider such appeal. The council's <br /> decision shall be in writing and shall contain modified or amended findings and conclusions <br /> whenever such findings or conclusions are different from those of the appealed decision, which <br /> may be incorporated or included by reference in any resolution or ordinance, as the case may be. <br /> Each material finding shall be supported by evidence in the record. The burden of proof with <br /> regard to modification or reversal of the examiner's decision shall rest with the appellant. <br /> be and the same is hereby amended to read as follows: <br /> 2.23.200 Appeal of City's decision. <br /> The decision of the examiner constitutes the final decision of the City except when the <br /> examiner makes a recommendation to City Council, then the final decision of the City shall be the <br /> City Council's. Appeals of the City's final decision shall be to Snohomish County Superior Court <br /> in accordance with Part VII (appeals) of the Regulatory Reform Act (Chapter 347 of the 1995 <br /> Laws of the State of Washington); provided, however, appeals from the City's final decision on <br /> shoreline management substantial development permits shall be to the Shoreline Hearings Board <br /> pursuant to Chapter 90.58 RCW. <br /> Section 9: Section 3 of Ordinance No. 1121-85 (EMC 2.23.205 - Recommendation to Council <br /> which reads as follows: <br /> 2.23.205 Recommendation to council. <br /> When the city council entertains a recommendation from the examiner, the city council <br /> shall accept the findings or conclusions of the examiner, remand the recommendation to the <br /> examiner for further hearings or conduct a public hearing to modify or reverse the decision of the <br /> examiner. Upon remand, the examiner shall either affirm or modify his initial recommendation. <br /> The examiner shall then file the recommendation with city council. After receiving the <br /> recommendation following remand, the city council shall either accept the recommendation of the <br /> examiner or, after conducting a public hearing, modify, remand or reverse the decision of the <br /> examiner accordingly. <br /> be and the same is hereby amended to read as follows: <br /> 2.23.205 Recommendation to council. <br /> When the City Council entertains a recommendation from the examiner, the City Council <br /> shall accept the findings or conclusions of the examiner, remand the recommendation to the <br /> examiner or reverse the decision of the examiner. Council's action shall be based upon the <br /> examiner's record. No new information or evidence may be presented to the City Council. After <br /> receiving the recommendation following remand, the City Council shall either accept the <br /> recommendation of the examiner or reverse the decision of the examiner accordingly. <br /> 10 <br />