HomeMy WebLinkAboutORD 3658 �aS9
Amended by ORD 4899
CITY OF PENTON, WASHINGTON
ORDINANCE NO . 3653
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON
AMENDING SECTION 4-3016 OF TITLE IV (BUILDING
REGULATIONS) OF ORDINANCE NO. 1628 ENTITLED
"CODE OF GENERAL ORDINANCES OF THE CITY OF
PENTON" RELATING TO APPEALS FROM HEARING
EXAMINER-!,S DECISIONS OR RECOMMENDATIONS
THE CITY COUNCIL OF THE CITY OF RENTON , WASHINGTON, DO
ORDAIN AS FOLLOWS :
SECTION I_ Existing Section 4-3016 of Title IV (Building
Regulations) of Ordinance No . 1628 entitled "Code of General
Ordinances of the City of Renton" is hereby amended as follows :
Section 4-3016 , as amended : APPEAL: Unless an ordinance
providing for review of decision of the Examiner requires review
thereof by the Superior Court , any interested party aggrieved by the
Examiner ' s written decision or recommendation may submit a notice
of appeal to the City Clerk upon a form furnished by the City
Clerk , within fourteen (14) calendar days from the date of the
Examiner ' s written report . The notice of ,appeal shall be accompanied
by a fee in accordance with the, Fee Schedule of the City of Penton .
(A) The written notice of appeal shall fully , clearly and
thoroughly specify thi� substantial error(s) in fact
or law which exist in the record of the proceedings
from which the appellant seeks relief .
(B) Within five (5) days of receipt of the notice of
appeal , the City Clerk shall notify all parties
of record of the receipt of the appeal . Other
parties of record may submit letters in support
of their positions within ten (10) days of the
dates of mailing of the notification of the filing
of the notice of appeal .
(C) Thereupon the Clerk shall forward to the members of
the City Council all of the pertinent documents ,
including the written decision or recommendation ,
findings and conclusions contained in the Examiner ' s
report , the notice of appeal , and additional letters
submitted by the parties .
-1-
F
(D) No public hearing shall b-e held by the City Council .
No new or additional evidence or testimony shall be
accepted by the City Council unless a showing is
made by the party offering the evidence that the
evidence could not reasonably nave been available at
the time of the hearing before the Examiner . If
the Council determines that additional evidence is
required , the Council may remand the matter to the
Examiner for reconsideration . The cost of trans-
cription of the hearing record shall be borne by
the appellant . In the absence of an entry upon the
record of an order by the City Council authorizing
new or additional evidence or testimony , it shall
be presumed that no new or additional evidence or
testimony has been accepted by the City Council , and
that the record before the City Council is identical
to the hearing record before the Hearing Examiner .
(E) The consideration by the City Council shall be based
solely upon the record , the Hearing Examiner ' s report ,
the notice of appeal and additional submissions by
parties .
(F) If , upon appeal of a decision of the Hearing Examiner
on an .application submitted pursuant to Section 4-3010 (A) ,
and after examination of the record , the�Council
determines that a substantial error in fact or law
exists in the record, it may remand the proceeding to
Examiner for reconsideration, or modify , or reverse
the decision of the Examiner accordingly .
(G) If, upon appeal from a recommendation of the Hearing
Examiner upon an application submitted pursuant to
Section 4-3'010 (B) , or (C) , and after examination of
the record , ' the Council determines that a substantial
error in fact or law exists in the record, or that a
recommendation of the fiearing Examiner should I)&
. disregarded or modified , the City Council may remand
the proceeding to the Examiner for reconsideration ,
or enter its own decision upon the application pursuant
to Section 4-3010 (B) or (C) .
(H) In any event , the decision of the City Council shall
be in writing and shall specify any modified or
amended findings and conclusions other than those
set forth in the report of the Hearing Examiner .
Each material finding shall be supported by substantial
evidence in the record. The burden of proof shall rest
with the appellant .
SECTION II : This Ordinance shall be effective upon its
passage , approval and thirty (30) days after its publication .
PASSED BY THE CITY COUNCIL this 13rd day of September 1982 .
Maxine Motor , Acting City Clerk
-2-
APPROVED BY THE MAYOR this 13th day of September , 1982 •
Barbara Y.vShinpodh , Mayor
Approved as to form:
Lawrence J . -Wa en, City„Attorney
Date of Publication : September 17 , 1982
i
-3-