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• <br /> 1 D. In the absence of a Hearing Examiner who has jurisdiction to hear <br /> these matters, City Council shall hear variance according to <br /> 2 Section 7 A and B herein at no fee. <br /> 3 <br /> Section 4: Ordinance No. 555-78 shall be amended by the addition of a new <br /> 4 <br /> section as follows: <br /> 5 <br /> 6 Section 8: Appeal Procedure <br /> 7 A. Any applicant, aggrieved by a decision or interpretation of the City <br /> Engineer may appeal to the Hearing Examiner. Such appeals must <br /> 8 be made in writing to the City Engineer within thirty (30) days <br /> from the date on which the City Engineer presents the applicant <br /> 9 with his final decision in writing. The Hearing Examiner shall <br /> consider the appeal within thirty (30) days after the City Engineer <br /> 10 receives the appeal, provided,the applicant has completed the <br /> environmental review, under the provisions of the Washington State <br /> 11 Environmental Policy Act (S.E.P.A.) and completed any street or <br /> traffic related studies required by the review. Such appeal shall be <br /> 12 limited to the interpretation of the City Engineer in the application <br /> of the provisions of this Ordinance and any amendments or <br /> 13 additions hereto. <br /> 14 B. Any applicant or department of the City, aggrieved by the decision <br /> of the Hearing Examiner may appeal to the City Council. Such <br /> 15 appeals must be made in writing to the Hearing Examiner within <br /> thirty (30) days from the date on which the Hearing Examiner <br /> 16 presents the applicant with his final decision in writing. City <br /> Council shall consider the appeal within thirty (30) days after the <br /> 17 Hearing Examiner receives the appeal. The appeal shall be <br /> accompanied by a fee of $50 to be paid to the City Treasurer, <br /> 18 except that a department of the City is exempt from the fee. The <br /> fee shall be refunded in the event the City Council finds in favor of <br /> 19 the applicant. <br /> 20 C. In the absence of a Hearing Examiner who has jurisdiction to hear <br /> these matters, City Council shall hear appeals according to Section <br /> 21 8 A herein, at no fee. <br /> 22 <br /> Section 5: All other sections, subsections, provisions and portions of <br /> 23 <br /> Ordinance No. 555-78, not affected by the provisions of this amending ordinance, shall <br /> 24 <br /> remain in effect and unchanged. <br /> 25 <br /> 26 <br /> Section 6: If any provisions of this ordinance or the implementation, <br /> 27 administration or guideline promulgated pursuant to this ordinance or Ordinance No. <br /> 28 555-78 is determined to be invalid, unenforceable or contrary to law by a court of <br /> 29 competent jurisdiction, said provision shall be null and void and shall be deemed <br /> 30 <br /> 31 <br /> 32 <br /> -6- <br />