Ordinance 1121-85 - Laserfiche WebLink

• • • 1 remand the recommendation to the Examiner for further hearings or conduct a public hearing to modify or reverse the decision of the 2 Examiner. Upon remand, the Examiner shall either affirm or modify his initial recommendation. The Examiner shall then file the recommenda- 3 tion with City Council. After receiving the recommendation following remand, the City Council shall either accept the recommendation of the 4 Examiner or, after conducting a public hearing, modify, remand or reverse the decision of the Examiner accordingly. 5 6 Section 4: That Section 21 of Ordinance No. 692-80 as amended by Ordinance 7 Nos. 819-81, 823-81 and 952-83 which now reads as follows: 8 Section 21: COUNCIL ACTION ON APPEALS OF EXAMINER'S 9 DECISION. 10 Any application requiring action by the City Council shall be taken by the adoption of a resolution or ordinance by the Council. When taking any 11 such final action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City 12 Council may adopt all or portions of the Examiner's findings and 13 conclusions. The action of the Council, approving, modifying, or rejecting a decision of the Examiner, shall be final and conclusive, unless within fifteen (15) working days from the date of the action an aggrieved party 14 or persons obtains a writ of certiorari from the Superior Court of 15 Washington for Snohomish County, for purpose of review of the action taken. Provided, however, appeals from City Council decisions on 16 shoreline management substantial development permits shall be taken to the Shoreline Hearings Board pursuant to the provisions of RCW 90.58. 17 18 be and the same is hereby amended to read as follows: 19 Section 21: COUNCIL ACTION ON EXAMINER'S RECOMMENDATION 20 AND APPEALS OF EXAMINER'S DECISION. 21 Any application requiring action by the City Council shall be taken by the adoption of a resolution or ordinance by the Council. The City Council 22 may adopt all or portions of the Examiner's findings and conclusions. The action of the Council, approving, modifying or rejecting a decision of the 23 Examiner, shall be final and conclusive, unless within thirty (30) calendar days from the date of the adoption of the resolution or ordinance by City 24 Council an aggrieved party who was a party of record in the hearing before the Examiner and City Council obtains a writ of certiorari from 25 the Superior Court of Washington for Snohomish County, for purpose of review of the action taken. A "party of record" means: 26 a. a person who has testified at the hearing; 27 b. the applicant, developer or any of their agents who have 28 appeared at the hearing; 29 c. persons who have submitted written arguments dealing with the merits of the case to the Examiner which arguments 30 were considered12y the Examiner in rendering his decision; provided, however, this does not include persons who have 31 merely signed a petition and have not otherwise testified at the hearing or submitted written arguments; or 32 d. the City. -7-