Ordinance 26160006.15003
WSS/naa
04/24/87
R: 05/05/87
ORDINANCE NO. 2616
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ECDC 20.100.010(G) RELATING TO THE
RECONSIDERATION OF A HEARING EXAMINER DECISION
IN ORDER TO PROVIDE ADDITIONAL PROCEDURAL
REQUIREMENTS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City Council is in receipt of the
unanimous recommendation of its Planning Board regarding
amendments to ECDC 20.100.010(G), in order to provide
additional detail to the reconsideration provisions related
to the hearing examiner system and to delete the requirement
that reconsideration proposal have the approval of the
applicant, and
WHEREAS, both the Planning Board and City Council
have held public hearings regarding such amendments, and
WHEREAS, the City Attorney has provided additional
comments with regard thereto, NOW, THEREFORE,
THE CITY COUNCIL OF EDMONDS, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. ECDC 20.100.010 Hearing Examiner
Review, paragraph (G) Reconsideration, relating to the
procedural requirements for reconsideration of a decision or
recommendation by the Hearing Examiner is hereby amended to
read as follows:
20.100.010 Hearing Examiner Review
G. Reconsideration. The Hearing Examiner shall
reconsider his decision or recommendation on any
matter before him if a written request is filed
within ten (10) working days of the date of the
initial decision by any person who attends the
public hearing and signs the attendance register
and/or presents testimony or by any person holding
an ownership interest in a tract of land which is
the subject of such decision or recommendation.
Any such reconsideration request shall cite
specific references to the findings and/or the
criteria contained in the ordinances governing the
type of application being reviewed.
The Hearing Examiner shall promptly review the
reconsideration request and within five (5) working
days issue a written response, either approving or
denying the request. If the reconsideration
request is denied, the ten (10) working day appeal
deadline of the Hearing Examiner's decision shall
recommence for the remaining number of days.
If, upon the review of the request for
reconsideration, the Hearing Examiner believes that
an error or omission is significant and may alter
his or her decision or recommendation, he or she
may at his or her discretion:
1. Hold another public hearing in the manner
provided in subsection D of this section upon
notification of all persons entitled thereto;
2. Amend the decision to incorporate any omitted
material and/or fact or to correct the error; or
3. Elect to present a brief to the City Council
outlining the error or omission and its anticipated
impact on his or her decision.
Section 2. This ordinance, being an administrative
action, is not subject to referendum and shall take effect
five (5) days after publication of the attached summary which
is hereby approved.
T TIT TI/�r TT.1 T\
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ATTEST/AUTHENTICATED:
C Y MERK, JACQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
(, IZ&
FILED WITH THE CI Y CLERK: May 7, 1987
PASSED BY THE CITY COUNCIL May 12, 1987
PUBLISHED: May 17, 1987
EFFECTIVE DATE: May 22, 1987
ORDINANCE NO. 2616
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVXISH,
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 ........................................
ME...........................
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e the
detWi V]Th regard thereto.
ths7t€ f-RiT-shalllebecome efec
a printed c0 py of which is hereunto attached, was published in said
five
The full text of this ordinance
newspaper r0 in form, in the
will be molled.without charge to
p p and not supplement regular and
proper pp g
anyone who submits a written
request to the City Clerk of tiie
entire edition of said paper on the following days and times, namely:
Chy of Edmonds for a copy of
the text.
APPROVED by the City
Council at their meeting of May
12, 1987.
- qa
JAC NE G. PARRETT
City Clerk
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Published: May 17. 1987.
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and that said newspaper was regularly distributed to its subscribers
during all of said period.
F
..i..., .. ......... . . ..,f..i:.:
Principal Clerk
Subscribed and sworn to before me this... ...................
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Public in nd for the State of Washington,
at Evere t, Snohomish County.
B-2-1