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• <br /> ORDINANCE NO. 9,5-,?_i3 <br /> AN ORDINANCE amending Ordinance <br /> No. 692-80 as amended by Ordinance <br /> Nos. 819-81 and 823-81 (Hearing <br /> Examiner Ordinance) making decisions <br /> rendered by the Hearing Examiner final <br /> determinations rather than recommendations <br /> WHEREAS, it is in the best interest of the City of Everett and its citizens to <br /> expedite the land use hearing process; and <br /> WHEREAS, the Everett City Council has determined that land use issues <br /> currently heard by the City of Everett Hearing Examiner are seldom modified during <br /> City Council hearing review process; and <br /> NOW, THEREFORE, the City of Everett does ordain: <br /> Section 1: That Section 12 of Ordinance 692-80 as amended by Ordinance Nos. <br /> 819-81 and 823-81 which now reads as follows: <br /> Section 12: DUTIES OF THE EXAMINER: <br /> A. Development Actions. <br /> The Examiner shall receive and examine available information including <br /> environmental checklists and impact statements, conduct public hearings, <br /> prepare a record thereof, enter findings of fact and conclusions based upon <br /> those facts and enter decisions as provided herein. <br /> 1. Decisions. The decisions of the Examiner shall represent the final action <br /> on the application, unless appealed, as hereinbelow specified, for the <br /> following types of development action: <br /> a. Temporary use permit. <br /> b. Appeals of decisions made by the Responsible Official under the <br /> provisions of the City's Environmental Policy Ordinance No. 582- <br /> 79. <br /> c. Waivers, exceptions and appeals from administrative <br /> determinations of the City's Streets and Sidewalk Codes. <br /> d. Appeals from administrative determination of the City's land use <br /> regulation codes. <br /> e. Deferred improvements. <br /> f. Applications for any other land use regulatory permits which may <br /> be required by ordinance, but excluding variances and conditional <br /> use permits except as specified in Section 12.B.2 and Section 14 of <br /> this ordinance. <br /> g. Short subdivisions as specified by the short subdivision ordinance. <br /> h. Nonconforming use expansion permits. <br /> i. Compliance with conditions imposed pursuant to any land use <br /> permit or decision which has been issued by the City of Everett <br /> Land Use Hearing Examiner. <br /> 2. Recommendations. The decision of the Examiner on the following <br /> matters shall constitute a recommendation to the City Council which <br /> shall have the final authority to act on such applications: <br />