Ordinance 1925-93 - Laserfiche WebLink

Modification may also be requested due to unanticipated conditions: (1) An affected employer demonstrates that opportunities for alternative commute modes do not exist due to factors related to the worksite, its work force, or characteristics of the business that are beyond the employer's control. (2) Affected employers whose worksite changes and that contribute substantially to traffic congestion in a CTR zone may request a program modification to seek alternative program goals. (3) any other condition that can be demonstrated by the affected employer to warrant a modification. The employer may not request a modification based on these three conditions until the first measurement year (1995). SECTION C APPEALS 1. Appeals. Any affected employer may appeal administrative decisions regarding exemptions, modifications of goals, modification of CTR program elements, and determinations concerning failure to implement a CTR program. The appeal must be filed with the City Clerk not later than the 10th day following the date of the administrative decision. The appeal must be in writing and state in a clear and concise manner the specific exceptions and objections to the administrative decision. At the time of filing the appeal a fee in the amount of$100 must be paid to the City. The appeal shall be heard by the City's Land Use Hearing Examiner. Substantial weight shall be given to the administrative decision and the burden of establishing the contrary shall be upon the appealing party. In reviewing the appeal, the Hearing Examiner shall determine whether the administrative decision is consistent with the provisions of this ordinance including Everett's CTR Plan. The Hearing Examiner shall have jurisdiction over the appeal and the authority to affirm, modify, reverse or remand the administrative decision, or to grant other appropriate relief. The decision of the Hearing Examiner shall constitute a final decision appealable to the City Council per the provisions of the Hearing Examiner's Ordinance. SECTION D THIRD PARTY LIABILITY It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents. 13