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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-