Ordinance 2137-96 - Laserfiche WebLink

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. Section 7: Section 18 of Ordinance No. 692-80 (EMC 2.23.180)which reads as follows: 2.23.180 Notice of examiner's decision. Not later than three working days following the rendering of a written decision, copies thereof shall be mailed to the applicant, all members of the planning commission and to other persons who have requested notice of the decision by signing a register provided at the hearing. If the effect of the decision is a recommendation to the city council, the original thereof shall be transmitted to the city council. be and the same is hereby amended to read as follows: 2.23.180 Notice of examiner's decision. Not later than three working days following the rendering of a written decision, copies thereof shall be mailed to the applicant, all members of the planning commission and to other persons who have requested notice of the decision by signing a register provided at the hearing. If the effect of the decision is a recommendation to the City Council, the original thereof shall be transmitted to the City Council, along with a copy of the Hearing Examiner's record. Section 8: Section 7 of Ordinance No. 1969-93 (EMC 2.23.200)which reads as follows: 2.23.200 Appeal of examiner's decision. Any party of record aggrieved by the examiner's final decision on any action listed in Section 2.23.120A(1), who has actively participated in the hearing before the examiner, may submit an appeal in writing to the city council, by filing the same with the city clerk, within ten working days from the date of the examiner's most recent ruling, requesting a review of the examiner's decision. There will be no fee charged for such appeals. If a ruling is pending at the time of an appeal, the processing of the appeal will be stayed until the decision is issued by the examiner. The written appeal to be considered complete shall contain the following information: a brief statement as to how the appellant is aggrieved by the decision; a brief statement delineating the finding(s) or conclusion(s) appealed; a brief statement containing explicit exceptions and objections with regard to the appealed matter; a statement of the requested relief; and the signature, mailing address and telephone number of the appellant. Thereupon the examiner shall cause to be forwarded to the city council all of the pertinent documents and exhibits, including his/her written decision(s), findings, conclusions, notice of appeal and a copy of the tape recording of the hearing. Provided, however, the city council shall not be required to review the tape recording, or any portion thereof, as part of the record, unless the tape or relevant portion(s) thereof is transcribed and provided to the city council. The cost of the transcription of the tape, or any portion of the tape, shall be borne by the party requesting the transcription. Any party providing the city council with a transcription shall designate for council the relevant portions pertaining to the issues on appeal. If, after the examination of such record at a public meeting, the council determines that an erroneous procedure or a substantial error in fact or 9