Laserfiche WebLink
Snohomish County Superior Court in accordance with Chapter 36.70 RCW. <br /> The burden of proof on appeal shall be on appellant. <br /> 4. Additional Requirements for Applications Requesting Modification of Standards <br /> for Homeless Encampments. <br /> a. The applicant may apply for a temporary use permit that applies standards <br /> that differ from those in Section 4 of this Ordinance only where, in addition to <br /> satisfying the requirements in Subsection A of this Section, the applicant <br /> submits a description of the standard to be modified and demonstrates how the <br /> modification would result in a safe homeless encampment under the specific <br /> circumstances of the application. Such requests shall be reviewed by the <br /> City's Hearing Examiner at a public hearing. The Hearing Examiner shall <br /> make a decision regarding the issuance of a temporary use permit and <br /> modification of standards. The notice of the time and place of the public <br /> hearing shall be to the applicant and to any person who, prior to the rendering <br /> of the decision on the permit, made a written request for notice or submitted <br /> substantial comments on the application for the permit. The public hearing <br /> procedures shall be as specified in Ord. 2530-01, Ch. 6 Sec. 5(B) (EMC <br /> 15.24.400). <br /> b. The Hearing Examiner shall issue findings within 10 business days of the <br /> conclusion of the hearing. Within three business days of rendering the written <br /> decision, copies shall be mailed to applicant and all who have requested notice <br /> by signing a register provided at the hearing. The Hearing Examiner's <br /> decision shall constitute the City's final decision. Any appeal of the City's <br /> final decision may only be made to Snohomish County Superior Court in <br /> accordance with Chapter 36.70 RCW. <br /> c. In considering whether the modification should be granted, the City shall <br /> first consider the effects on the health and safety of residents and the <br /> community. The burden of proof shall be on applicant. <br /> Section 3. Ordinance No. 2920-06, as amended by Ordinance No. 2968-07, and <br /> Ordinance No. 2968-07 are hereby repealed. <br /> Section 4. Severability. <br /> If any section, subsection, clause, sentence, or phrase of this ordinance should be held <br /> invalid or unconstitutional, such decision shall not affect the validity of the remaining <br /> portions of this ordinance. <br /> Section 5. No intent to create protected/benefited class. <br /> This Ordinance is intended to promote the health, safety and welfare of the general <br /> public. Nothing contained in this Ordinance is intended to be nor shall be construed <br />