Ordinance 2552WSS/naa
03/05/86
ORDINANCE NO. 2552
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTION 20.100.030 TO DEFINE THE APPEAL
PROCEDURES RELATING TO HEARING EXAMINER RECOM-
MENDATIONS ON LOCAL IMPROVEMENT DISTRICT FINAL
ASSESSMENT ROLLS AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE
WHEREAS, RCW 35.44.070 provides for the use of a
Hearing Examiner to hear and make recommendations regarding the
adoption of final assessment rolls,
WHEREAS, by Ordinance No. 2485, the City Council has
adopted such procedures for use within the City of Edmonds, and
WHEREAS, the City Council desires to clarify the nature
of said appeals as being on the record of the public hearing by
its Hearing Examiner, NOW, THEREFORE,
FOLLOWS:
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section 1. Section 20.100.030 City Council Action on
Recommendations is hereby amended to read as follows:
20.100.030 City Council Action on Recommendations
A. Normal Review. The City Council shall consider a
recommendation of the Hearing Examiner or Planning
Advisory Board at its next available public
meeting. The Council may adopt or remand the
recommendation at that meeting, provided, however:
1. Street vacations require a hearing by Council
as provided in Chapter 20.70.
2. In the case of preliminary formal plats upon
receipt of the recommendation from the
Hearing Officer, the Council at its next
public meeting shall set the date for a
public hearing.
3. In the case of a Local Improvement District
or a Utility Local Improvement District
hearing held in accordance with the
provisions of section 20.100.010(4) and RCW
35.44.070, review the recommendations of the
Hearing Examiner and any appeal taken
therefrom. Any person aggrieved by the
recommendation of the Hearing Examiner shall
be entitled to a review of the record by the
City Council upon the filing of a written
appeal from the recommendations of the
Hearing Examiner within ten (10) working days
of the date of mailing of the Hearing
Examiner's final recommendations after
disposition of a motion for reconsideration,
if any such motion is filed. The Council
shall base its decision upon the record
established before the Hearing Examiner and
may adopt, reject or modify the
recommendations of the Hearing Examiner in
whole or in part, or may in its discretion
remand the matter to the Hearing Examiner for
further proceedings, PROVIDED, HOWEVER, that
in the event of an appeal, the Council shall
hear argument of the appellant based on said
record. Adoption by ordinance of a final
assessment roll shall commence the appeal
period established by RCW Chapter 35.44.
These provisions shall control over any
conflicting provision and shall be read in
conjunction with the requirements of RCW
35.44.190-270.
B. Optional Public Hearing. If the Council wishes to
consider any change to the recommendation, the
Council shall set a public hearing in the manner
provided in Chapter 20.90. After the hearing the
Council shall approve, modify, conditionally
approve, deny or remand the proposal. In the case
of amendment to the Zoning Ordinance (or Map) or
Comprehensive Plan (or Map) in the event of a
remand the Council shall specify the time within
which the Planning Advisory Board shall report
back its findings and recommendations to the
Council.
C. Findings and Conclusions. The Council shall state
its findings and conclusions to support the
decision, based on the required findings and
criteria in this Code governing the type of
application being reviewed, and based on evidence
presented at the Council hearing. The City
Council action shall be final and shall be put
into writing by ordinance, resolution and/or
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minutes, along with any conditions placed on an
approval.
Section 3. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum and shall take effect five (5) days after
its publication, or publication of a summary thereof consisting
of its title, in the City's official newspaper.
APPROVED:
MAYO , LAR S MUGHTEN
ATTEST/AUTHENTICATED:
ITY CLERK, JA QUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE C14 CLERK: March 6, 1986
PASSED BY THE CITY COUNCIL: March 18, 1986
PUBLISHED: March 23, 1986
EFFECTIVE DATE: March 28, 1986
ORDINANCE NO. 2552 .
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH, ss
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
0 r d.in a n.s.e... N.o........ 5.5.2......................................................................
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a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
March 23, 1986
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and that said newspaper was regularly distributed to its subscribers
during all of sa-ict"Vi fJiod.
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I'rinclpal Clerk
Subscribed and sworn to before me this ............. 2 4 t h
March ,; 86
dayof..................................:J-....._......._..............., 19.........
Notary Public in and for the State of Washington,
r,4siding at: ilverett, Snohomish County.
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