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Ordinance 2005-1463
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Ordinance 2005-1463
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Last modified
3/12/2021 10:55:06 AM
Creation date
1/26/2006 4:15:54 PM
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City Council Records
Doc Type
Ordinance
Signed Date
4/19/2005
Ord/Res - Year
2005
Ord/Res - Number
1463
Original Hardcopy Storage
7E4
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ORD 2005-1463
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<br />preservation and repair (if required) of the structure, as well as the <br />completion of site preparation and infrastructure connections as required <br />under this Code. <br /> <br />Sec. 15.36.160 Appeal or call-up of disapproved proposals. <br /> <br />A. A decision of the Commission disapproving on an application for a <br />landmark alteration certificate or exemption is final unless appealed by the <br />applicant or called up by the City Council as provided in this section. <br /> <br />B. Appeal by Applicant. Within thirty (30) days after the date of a <br />Commission decision denying an alternation certificate or an application for an <br />exemption, the applicant may appeal the Commission's denial to the City Council. <br />The appeal shall be filed with the City Clerk and shall state in detail the basis of <br />the appeal. The City Council shall hold a public hearing on the appeal within <br />forty- five (45) days after the date of filing of the appeal. Notice of the time, date, <br />place and subject matter of the appeal hearing shall be given by one (1) <br />publication in a newspaper of general circulation within the City not less than <br />fifteen (15) days prior to the date of the hearing. In addition, written notice ofthe <br />hearing shall be mailed, by certified mail and regular mail, at least fifteen (15) <br />days prior to the hearing date to the applicant and all record owners of all property <br />subject to the application being appealed. <br /> <br />C. Call up proceedings by the City Council. Within thirty (30) days after the <br />date of a Commission hearing denying an alteration certificate or an application <br />for an exemption, the City Council may by motion call up the denial for City <br />Council review. The City Council shall hold a public hearing on the application <br />within forty-five (45) days after the date of the City Council motion calling up the <br />application. Notice of the time, date, place, and subject matter of the hearing shall <br />be given by one (1) publication in a newspaper of general circulation within the <br />City not less than fifteen (15) days prior to the date of the hearing. In addition, <br />written notice of the hearing shall be mailed, by certified mail and regular mail, at <br />least fifteen (15) days prior to the hearing date to the applicant and all record <br />owners of all property subject to the application being called up. <br /> <br />D. City Council Findings. City Council review of any application which is <br />appealed or called up pursuant to this section shall be de novo. Within thirty (30) <br />days after the conclusion of the public hearing, but in no event more than sixty <br />(60) days after the hearing date first noticed, unless otherwise mutually agreed by <br />the Council, the applicant, and the owner or owners other than the applicant, the <br />City Council shall adopt written findings, conclusions and order, With regard to <br />any application appealed or called up, the City Council shall have the authority to <br />approve an application, approve the application with modifications or conditions, <br />or deny the application. <br /> <br />18 <br />
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