Title 07 Finance
Chapter 07.05 Local Improvements
Article IV. Hearing Provisions
Section 07.05.520 Action by the City Council
Local Improvement District Formation.
The city council makes the final decision on the formation of a local improvement district.
The city council bases its decision on the record and does not hold further hearing except to the extent that the procedures of the city council may allow public comment on a proposed ordinance.
The city council may affirm, reverse or remand the recommendation of the hearing examiner, and may modify the recommendation to add property to or delete property from the proposed local improvement district.
When the city council decides to approve the formation of a local improvement district, it adopts an ordinance forming the local improvement district.
Assessment Roll.
The city council reviews a decision of the hearing examiner on an assessment roll only if the decision is appealed as provided in SMC 7.05.540 .
The review of the city council is limited to the record. No party to the appeal may submit or present, and the city council may not accept, new evidence or testimony.
Upon review, the city council may affirm, reverse or remand the decision of the hearing examiner, and may correct, change or annul the assessment insofar as it affects the property of the appellant.
When the council’s review results in a confirmation of the assessment roll, it adopts an ordinance confirming the roll.
Standards of Review.
The city council affirms the recommendation or decision of the hearing examiner unless it determines that the recommendation or decision is founded on a fundamentally wrong basis or is arbitrary and capricious.
Date Passed: Monday, May 7, 2007
Effective Date: Wednesday, June 20, 2007
Recodification ORD C34024 Section 1