HomeMy WebLinkAboutO-1774 - Amends Sec. 18.20.070(3), SEPA appeals (Repealed by 2131)c')-t3:,oo/C pj,o
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I-P~CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO./7?4
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION
18.20.070 (3)OF THE MARYSVILLE MUNICIPAL CODE RELATING
TO SEPA APPEALS.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 18.20.070 (3)of the Marysville Municipal Code is
hereby amended to provide as follows:
(3)Appeals.
(a)Any agency or aggrieved person may appeal the
procedures or substance of an environmental determination of
the Responsible Official under SEPA as follows:
i)A DNS.written notice of such an appeal
shall be filed with the Responsible Official within
fifteen (15)days after the date of issuance of the
DNS.The appeal hearing shall be consolidated with the
hearing(s)on the merits of the governmental action for
which the environmental determination was made.
ii)A DS.written notice of the appeal shall be
filed with the Responsible Official within fifteen (15)
days after the date of issuance of the DS.The appeal
shall be heard by the City Council within thirty (30)
days thereafter.
iii)The adequacy of an EIS.written notice of
appeal shall be filed with the Responsible Official
within fifteen (15)days after the issuance of the
final EIS.The appeal hearing shall be consolidated
with the hearing(s)on the merits of the governmental
action for which the EIS was issued.
iv)Appeals of intermediate steps in the SEPA
process shall not be allowed.
v)For any appeal under this Section,the City
shall provide for a record that shall consist of the
following:
a.Findings and Conclusions;
b.Testimony under oath;and
ORDINANCE - 1
c.A taped or written transcript.
vi)Determination by the Responsible Official
shall carry substantial weight in any appeal pro-
ceeding.
(b)The City shall give official notice under WAC 197-
11-680 (5)whenever it issues a permit or approval for which
a statute or ordinance establishes a time limit for com-
mencing jUdicial appeal.
(c)No agency or person may seek judicial review of
environmental determinations made pursuant to SEPA unless
such agency or person has first appealed such environmental
determinations using the administrative procedure set forth
above.
PASSED by
9l .-...;day of
Attest:
~e.City Council and APPROVED by the Mayor this
~r,I ,1990.
CITY OF MARYSVILLE
CITY CLERK
Approved as
D ~t~:'I;Y....:iic~EY
Date of Publication:
Effective Date (5 days after publication):
ORDINANCE - 2