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Ordinance 442-77
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Ordinance 442-77
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10/11/2018 11:43:41 AM
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Ordinances
Ordinance Number
442-77
Date
3/23/1977
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D. Upon timely notice of appeal as to any determination or action set <br /> out in Subsection (A) of this section, the Environmental Review <br /> Committee shall set a date for hearing, which shall be not later <br /> than fifteen days after receipt of such notice. Within five days <br /> after such hearing, the Environmental Review Committee shall file <br /> and transmit to the parties written findings of fact, conclusion <br /> of law and decision. <br /> E. Any determination not so appealed shall become final; and any <br /> order so appealed shall not become final until affirmed or modified <br /> by the Environmental Review Conuiiittee. <br /> F. Notice of hearing shall be sent by certified mail to the parties con- <br /> cerned and published in a newspaper of general circulation as re- <br /> quired by the administrative code for hearings in contested cases. <br /> G. Appeals shall be considered de novo except that the determination <br /> appealed from shall be regarded as prima facie correct and the <br /> burden of establishing the contrary shall be upon the appealing <br /> party. <br /> H. The Environmental Review Committee shall have authority upon good <br /> cause to grant continuances of hearings not to exceed fourteen days <br /> and further shall have authority to affirm, reverse or modify in <br /> whole or in part the administrative determinations of the Responsible <br /> Official; to remand cases to the Responsible Official with directions <br /> for further proceedings; and to grant other appropriate relief in <br /> the circumstances. All decisions of the Environmental Review <br /> Coimiittee shall be written and shall contain findings of fact and <br /> conclusions of law. <br /> I. The Environmental Review Committee is further authorized to establish <br /> and promulgate rules and procedures to implement the provisions <br /> thereof, which rules shall be submitted to the City Council for <br /> approval. <br /> is hereby amended to read as follows : <br /> Section 19: Appeal Procedures <br /> A. The following City determinations and actions shall be subject to <br /> review on appeal to the Environmental Review Committee which will <br /> make recommendations to the City Council for final determination in <br /> each appeal. <br /> 1. A determination whether or not a project or proposal is an <br /> "action"; <br /> 2. A determination as to scope of the total proposal; <br /> 3. A determination whether or not a project or proposal <br /> is categorically exempt; <br /> 4. A threshold determination; <br /> 5. Adoption of the final EIS, as to adequacy; <br /> 6. Final action on a project or proposal, as to compliance <br /> with the provisions of this ordinance. <br /> -8- <br />
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