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Ordinance 1909-92
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Ordinance 1909-92
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4/27/2017 11:42:07 AM
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Ordinances
Ordinance Number
1909-92
Date
12/9/1992
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• <br /> • <br /> Officer is authorized to affirm or reverse the order or <br /> to modify the conditions thereof. The decision of the <br /> Pollution Hearing Officer shall be final, subject to <br /> certiorari proceedings in Snohomish County Superior <br /> Court filed no longer than ten (10) working days after <br /> issuance. <br /> Copies of the petition for review shall be served <br /> on the City as in all civil actions. The filing of the <br /> petition shall not stay enforcement of the Order except <br /> by order of the Superior Court and on posting of a bond <br /> to be determined by the court naming the City as <br /> beneficiary. The review shall be conducted on the <br /> record by the court without a jury. The record shall <br /> be satisfied by a narrative report certified by the <br /> Pollution Hearing Officer and no verbatim record of <br /> proceedings before the Pollution Hearing Officer shall <br /> be required to be presented to the Superior Court; <br /> provided that the court may order that the record may <br /> be supplemented as necessary to determine whether the <br /> Order is illegal or arbitrary and capricious. In the <br /> event the court orders a transcript, the appellant <br /> shall be provided a copy of the tape of the <br /> proceedings, if available. It shall be the appellant's <br /> duty to prepare typed copy of the tape at his/her cost <br /> subject to certification by the City. The court may <br /> affirm the Order or remand the case for further <br /> proceedings; or it may reverse the Order if the <br /> substantial rights of the petitioners may have been <br /> prejudiced because the findings, conclusions and <br /> decision are determined to be arbitrary, capricious or <br /> contrary to law. <br /> F. The Pollution Hearing Officer is authorized to <br /> establish rules and procedures for said appeals. <br /> G. Failure to comply with an order to correct unsafe <br /> condition after the date for completion shall be a <br /> violation of this ordinance. <br /> SECTION 4 : Section 11 of Ordinance No. 1750-90 which reads as <br /> follows: <br /> SECTION 11: DISCHARGE OF POLLUTANTS INTO NATURAL <br /> WATERS - LIABILITY FOR EXPENSES INCURRED BY THE CITY. <br /> Any person responsible for pollutant discharge into <br /> natural waters who fails to immediately collect, <br /> remove, contain, treat, or disperse such pollutant <br /> materials at the Director's request is responsible for <br />
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