Ordinance 952-83 - Laserfiche WebLink

is hereby amended to read as follows: Section 20: APPEAL OF EXAMINER'S DECISION. Any party aggrieved by the Examiner's final decision on any action listed in Section 12.A.1, may submit an appeal in writing to the City Council, by filing same with the City Clerk, within ten (10) working days from the date of the Examiner's written decision, requesting a review of same. There will be no fee charged for such appeals. Thereupon the Examiner shall cause to be forwarded to the City Council all of the pertinent documents and exhibits, including his/her written decision, findings, conclusions and notice of appeal. If, after the examination of such record at a public meeting, the Council determines that a substantial error in fact or law may exist in the record, it shall remand the proceeding to the Examiner for reconsideration as provided to Section 19 or, after conducting a public hearing, it may modify, remand or reverse the decision of the Examiner accordingly. A transcription of the hearing record shall be transmitted to the City Council at least five (5) working days before the date and time at which the Council shall consider such appeal. The cost of transcription of said hearing record shall be borne by the person requesting said transcription unless otherwise determined by the City Council. Notice of the filing of an appeal shall be made to all parties of record to the hearing, and said notice shall give the time and date when the Council will consider such appeal. The City Council may also hold a public hearing to receive any new or additional evidence that same could not have been reasonably available at the time of such hearing before the Examiner. The City Council shall accept, modify or reject any findings or conclusions or remand the decision of the Examiner for further hearings. The Council's decison shall be in writing and shall specify modified or amended findings, and conclusions whenever such findings or conclusions are different from those of the appealed decision, which may be incorporated or included by reference in any resolution or ordinance, as the case may be. Each material finding shall be supported by substantial evidence in the record. The burden of proof with regard to modification or reversal of the Examiner's decision shall rest with the appellant. Section 3: That Section 21 of Ord. No. 692-80 as amended by Ord. No.'s 819- 81 and 823-81 which now reads as follows: Section 21: EXAMINER'S RECOMMENDATION, FINAL COUNCIL ACTION. 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 such final action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City Council 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 Examiner, shall be final and conclusive, unless within fifteen (15) working days from the date of the action an aggrieved party or person obtains a writ of certiorari from the Superior Court of Washington for Snohomish County, for purpose of review of the action taken. Provided, however, appeals from City Council decisions on shoreline management substantial development permits shall be taken to the Shoreline Hearings Board pursuant to the provisions of RCW 90.58. -6-