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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 - 2 - 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 . - 3 - 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...................................................................... ...................................................................................................................................... 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 .................................................................................................................................... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of sa-ict"Vi fJiod. .................. :.....::..1:....!..,��.1.._.::...��....... :.:._.:... ,!� .......... .. 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. B-2-1