Ordinance 753-81 - Laserfiche WebLink

D. Upon timely notice of appeal as to any determination or action set out in Subsection "A" of this section, the Land Use Hearing Examiner shall set a date for hearing, which shall be not less than four nor more than fifteen days after receipt of the request for appeal by the City Clerk. Within ten working days after such hearing, the Land Use Hearing Examiner shall file and transmit to the parties written findings of fact, conclusions of law and his decision. E. The decision of the Land Use Hearing Examiner shall be final unless within ten days from the date of the filing of the Land Use Hearing Examiner's decision an appeal in the form or set forth herein is made to the City Council. The appeal shall be made by submitting to the City Clerk a written statement requesting an appeal which sets forth the name and address of the person aggrieved and a clear and concise statement of the grounds for the appeal. F. Within seven days of the receipt of the notice of appeal by the City Clerk, the City Council shall set a hearing for presentation which shall be not less than seven nor more than fifteen days from the date such hearing is set. The purpose of the hearing before the City Council is for presenta- tion of the Land Use Hearing Examiner's findings of fact, conclusions of law, and decision. The parties will be allowed argument. The City Council shall have the discretion to re-open the testimonial or evidentiary record upon a showing of good cause. The City Council may affirm, reverse or modify the decision of the Land Use Hearing Examiner. Within seven days after such hearing, the City Council shall file and transmit to the parties, written findings of fact and conclusions of law and its decision. G. Notice of hearings shall be sent by certified mail to the parties concerned and published in a newspaper of general circulation as required by the administrative code for hearings in contested cases. H. The determination appealed from shall be regarded as prima facie correct and the burden of establishing the contrary shall be upon the appealing party. Further, the City Council shall give due consideration to the decision made by the Land Use Hearing Examiner. The Land Use Hearing Examiner and the City Council shall have authority upon good cause to grant continuances of hearings not to exceed fourteen days and further the Land Use Hearing Examiner and the City Council shall have authority to affirm, reverse or modify in whole or in part the administrative determinations of the Responsible Official; to remand cases to the Responsible Official with directions for further proceedings; and to grant other appropriate relief in the circumstances. All decisions of the Land Use Hearing Examiner shall be written and shall contain findings of fact and conclusions of law. J. The Land Use Hearing Examiner is further authorized to establish and promulgate rules and procedures to implement the provisions of this ordinance. Said rules and procedures shall be submitted to the City Council for approval. K. Any determination by the Land Use Hearing Examiner which is not appealed shall become final in accordance with this ordinance and any order so appealed shall not become final until affirmed or modified by the City Council. Section 23: Notice/Statute of Limitations A. The City, applicant for, or proponent of an action may publish notice of action pursuant to RCW 43.21C.080 for any action. B. The form of the notice shall be as prescribed by the Department of Ecology and/or substantially in the form and manner set forth in RCW 43.21C.080. The notice shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21C.080.