Title 17D City-wide Standards
Chapter 17D.010 Concurrency Certification
Section 17D.010.050 Appeals
- Procedures.
The applicant may appeal the results of the concurrency test to the city hearing examiner. The applicant must file a notice of appeal with the planning and economic development services department within fifteen days of the notification of the test results. The notice of appeal must specify the grounds thereof, and must be submitted on the forms authorized by the planning and economic development services department. Each appeal shall be accompanied by a fee as set forth in SMC 8.02.087, with said fee refunded to the appellant should the appellant prevail. Upon filing of such appeal, the planning and economic development services department shall notify the appropriate facility and service provider(s) of such appeal.
- Hearing Scheduling and Notification.
The hearing scheduling and notification shall be as set forth in chapter 17G.050 SMC, which sets forth the hearing examiner’s procedure.
- Record.
The planning and economic development services department and appropriate service provider(s) shall transmit to the hearing examiner all papers, calculations, plans and other materials constituting the record of the concurrency test at least seven days prior to the scheduled hearing date.
- Burden of Proof.
The burden of proof shall be on the appellant to show by a preponderance of the evidence that the appeal determination was either clearly erroneous, not based upon substantial evidence or contrary to law.
- Hearing and Decision.
The examiner shall conduct the hearing and render the decision in accordance with the provisions of chapter 17G.050 SMC.
- Reconsideration and Appeal of Examiner Decision.
Reconsideration of the examiner’s decision shall be allowed as set forth in chapter 17G.050 SMC. Appeal of the examiner’s decision shall be made pursuant to chapter 17G.050 SMC.
Date Passed: Monday, February 21, 2005
Effective Date: Wednesday, March 30, 2005
ORD C33582 Section 1
