Ordinance 1532-88 - Laserfiche WebLink

• • 1 ORDINANCE NO. /5 '/5"-gc3.2 — gy 2 3 AN ORDINANCE amending Sections 2, 4 and 7 of Ordinance No. 1121-85, the appeals procedures for the Land Use Hearing 4 Examiner. 5 THE CITY OF EVERETT DOES ORDAIN: 6 7 Section 1 : That Section 2 of Ordinance No. 1121-85 which reads as 8 follows: 9 APPEAL OF EXAMINER'S DECISION. 10 Any party aggrieved by the Examiner's final decision on any 11 action listed in Section 12.A.1 , who has actively participated in the hearing before the Examiner or who has had the decision 12 reconsidered by the Examiner pursuant to Section 19 of this ordinance, may submit an appeal in writing to the City Council , 13 by filing the same with the City Clerk, within ten (10) working days from the date of the Examiner's written decision on 14 reconsideration, requesting a review of the Examiner's decision. There will be no fee charged for such appeals. 15 The written appeal shall provide substantially the following 16 information: a brief statement as to how the appellant is aggrieved by the decision; a brief statement delineating the 17 finding(s) or conclusion(s) appealed; a brief statement containing explicit exceptions and objections with regard to the 18 appealed matter; a statement of the requested relief; and the signature, mailing address and telephone number of the appellant. 19 Thereupon the Examiner shall cause to be forwarded to the City 20 Council all of the pertinent documents and exhibits, including his/her written decisions, findings, conclusions, notice of 21 appeal and a copy of the tape recording of the hearing. If, after the examination of such record at a public meeting, the 22 Council determines that an erroneous procedure, error in fact or law may exist in the record, it shall remand the proceeding to 23 the Examiner for reconsideration or, after conducting a public hearing, it may modify, remand or reverse the decision of the 24 Examiner accordingly. If, after the examination of such record at a public meeting, the Council determines that a substantial 25 error in fact or law does not exist in the record, it shall deny the appeal . If the appellant desires to have the tape recording 26 transcribed for appeal , the cost of transcription shall be borne by the person requesting said transcription. 27 Notice of the filing of an appeal shall be made to all parties of 28 record to the hearing, and said notice shall give the time and date when the Council will consider such appeal . The Council 's 29 decision shall be in writing and shall contain modified or amended findings and conclusions whenever such findings or 30 conclusions are different from those of the appealed decision, which may be incorporated or included by reference in any 31 resolution or ordinance, as the case may be. Each material finding shall be supported by evidence in the record. The 32 burden of proof with regard to modification or reversal of the Examiner's decision shall rest with the appellant.