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Ordinance 1968-93
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Ordinance 1968-93
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Ordinances
Ordinance Number
1968-93
Date
11/24/1993
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f <br /> • <br /> decision and to all persons who timely file <br /> with the Responsible Official written <br /> comments during the comment period and shall <br /> be published in a newspaper of general <br /> circulation at least ten (10) calendar days <br /> prior to the hearing. <br /> D. All SEPA appeals shall be heard by the <br /> Hearing Examiner. When the underlying action <br /> as set forth in the Hearing Examiner ' s <br /> Ordinance invokes the jurisdiction of the <br /> Hearing Examiner, the hearing on the SEPA <br /> appeal and the underlying action shall be <br /> concurrent. When the underlying action is an <br /> administrative action appealable to the <br /> Hearing Examiner and the threshold <br /> determination is appealed, then any approval <br /> on the underlying action shall constitute a <br /> recommendation to the Examiner which matter <br /> shall be heard concurrently by the Hearing <br /> Examiner with the SEPA appeal. <br /> Notwithstanding any provisions of the Everett <br /> Municipal Code, when the hearings are <br /> concurrent the Hearing Examiner' s action <br /> shall constitute a recommendation to the City <br /> Council on both the underlying action and the <br /> SEPA appeal. When hearings are concurrent, <br /> the SEPA hearing notice requirements together <br /> with those established for the underlying <br /> action shall apply both to the SEPA appeal <br /> and the underlying action . In the event <br /> there is a conflict, the notice requirement <br /> that is the most extensive shall control. <br /> All testimony concerning the SEPA appeal <br /> shall be limited to those issues raised in <br /> the written statement of appeal. <br /> E. Notice of the City Council ' s action on the <br /> recommendation shall be sent by mail to the <br /> party of record (as defined by the Hearing <br /> Examiner ' s procedures) , the appellant and <br /> applicant at least ten (10) days prior to the <br /> meeting. If the City Council schedules a <br /> public hearing on the appeal, notice of the <br /> hearing shall be sent by mail to the <br /> appellant, applicant and party of record (as <br /> defined by the Hearing Examiner ' s procedures) <br /> and published in a newspaper of general <br /> circulation as a legal advertisement or as an <br /> agenda item on the published City Council <br /> agenda. <br /> 29 <br />
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