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HomeMy WebLinkAboutO-2615 - Amends Sec. 2.70.090 and 11.37.060, tow truck operators’ appeals (11.37)--------------------- CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.UfS AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON AMENDING MMC 11.37.060 AND MMC 2.70.090 RELATING TO APPEALS FROM REMOVAL OR SUSPENSION FROM THE LIST OF QUALIFlED TOW TRUCK OPERATORS. BE IT ORDAINED BYTHECITY COUNCIL OFTHECITYOF MARYSVILLE, WASHrNGTON AS FOLLOWS: Section I: MMC 2.70.090 is hereby amended to read as follows: 2.70.090 Duties. The examiner is vested with the duty and authority to hold public hearings and render decisions on the following matters: (I)Preliminary plats; (2)Appeals from administrative decisions on short plats; (3)Rezones;except area-wide rezones initiated by the city itself shall be heard by the planning commission; (4)Binding site plan approvals when subject to public review; (5)Conditional use permits when subject to public review; (6)Zoning code variances; (7)Administrative appeals from decisions and interpretations by city staff relating to land use codes,SEPA and permits; (8)Conditional shoreline development permits,variances and appeals from administrative determinations arising under Chapter 18.16 MMC; (9)Complaints by citizens or city staff seeking administrative enforcement of provisions of city land use codes or conditions in development permits and approvals, or seeking rescission or modification of such permits or approvals; (10)Variances and administrative appeals arising from the city's sign code; (l J)Variances and administrative appeals arising from the city's floodplain management code; (J 2)Variances and administrative appeals arising under the city's street department code; (13)Appeals of suspension or removal of tow truck operators from the city's list under MMC JJ.37.060; (J4)Such other regulatory,enforcement or quasi-judicial matters as may be assigned to the examiner by the mayor and city council. Section 2: MMC t 1.37.060 is hereby amended to read as follows: ORDINANCE ~1 WIwpf/mv/ord.amtQwtruckF 11.37.060 Appeals. If the police chief suspends or removes a tow truck operator from the city's list, as provided in this chapter,written notice of the same shall be immediately sentto thetowtruck operator.The suspension or removal shallnot be effective for a period of 10 days following the date thereof,If withinthe I O~day period, the tow truck operator files a written appeal with the city clerk,the effectiveness of the orderof suspension or removal shall be stayed until the City Land UseHearing Examiner holdsa hearing onthe appeal.Thetowtruckoperator shall be given notice of the hearing date. The City Land Use Hearing Examiner mayaffirm,modify or reverse an orderof suspension or removal.The decision of the City Land Use Hearing Examiner shall be immediately effectiveand shall be final. Section 3.Severability,If any section,subsection,sentence,clause,phrase or wordof this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence, clause,phrase or word of this ordinance, PASSED bythe City Council and APPROVED by the Mayor this dday of January,2006. CITYOF MARYSVILLE By~LK~ DENNISKENDALL,Mayor ATTEST: Bbb Approvedas to form: ByA.I~/"C~ GRANT K. WEED,City Attorney Date of Publication:(J I fZ-~/()(p EffectiveDate (5 days after publication):01/30/0& ORDINANCE-2 W/wpf/mY/ord.amto\\1rucl:.F