Ordinance 2137-96 - Laserfiche WebLink

• 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 over which the hearing examiner has jurisdiction unless such person has first appealed such decision or determination using the procedures set forth in the hearing examiner ordinance and rules. be and the same is hereby amended to read 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. Section 6: Section 5 of Ordinance No. 819-81 (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. In the case of applications requiring council approval as set forth in subdivision A(2) of Section 2.23.120,the examiner shall file a decision with the city council at the expiration of the ten working day period provided for a rehearing, or within five working days of the conclusion of a rehearing, if one is conducted, provided, however, upon a finding of the existence of unusual circumstances, the examiner may extend said five working day time period. Thereupon the city council shall cause to be prepared the appropriate legislation. be and the same is hereby amended to read 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 8