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HomeMy WebLinkAbout1989-3224 EXPANDING THE DUTIES AND POWERS OF THE HEARING EXAMINER 8224 ORDINANCE NO. • AN ORDINANCE relating to administration; expanding the duties and powers of the Hearing Examiner to cover recommendations on street vacations; and amending Section 1.43.080 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1: Section 1.43.080 of the City of Yakima Muni- cipal Code is hereby amended to read as follows: "Duties and powers. The examiner shall hear, make a record of and decide matters provided in this chapter or by other ordinances, including but not limited to, the following land use matters: (a) Matters prescribed by the Yakima Urban Area Zoning Ordinance, Title 15, city of Yakima Municipal Code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; 110 (b) Review of preliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14, city of Yakima Municipal Code. The decisions of the examiner on such matters shall constitute recommendations to the city council; (c) Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordi- nance, Title 14, city of Yakima Municipal Code. Deci- sions of the examiner on such matters shall constitute final decisions unless appealed to the council pursuant to the provisions of this chapter; (d) Plat vacations or amendments pursuant to RCW Chapters 58.11, 58.12, or 58.17. Decisions of the examin- er on such matters shall constitute final decisions unless appealed to the council under the provisions of this chapter; 4110 (e) The examiner may conduct hearings required pursuant to RCW Chapter 43.21c, State Environmental Policy Act (SEPA), and Chapter 6.88 of the city of Yakima Municipal Code at the request of the city responsible official charged with responsibility for holding such a hearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official. (f) Conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute recommendations to the City Council. Upon receipt of the examiner's recommendation, the City Council shall hold a public meeting and affirm or reject the examiner's recommendation. The City Council shall conduct its own public hearing when its rejects the recommendation of the ex- aminer or desires additional public testimony. The City Council may also remand a matter back to the examiner for additional hearing when it rejects the recommendation or - 1 - (ord/admin) desires additional public testimony. Notice of any examiner hearing, shall be given in the manner set forth in RCW 35.79.020 and as may be amended. Such notice shall also contain the following statement: 'The City Council shall decide whether or 4110 not to vacate the street or right-of-way which is the subject of this notice. The hearing examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Department of Community and Economic Development present at the examiner's public hearing.' The provisions of this section designating and assigning to the hearing examiner the duties and func- tions listed above shall supersede any and all con- flicting provisions of the municipal code of the city of Yakima." Section 2: This ordinance shall be in full force and 411 effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this c: :)61■ day of 14).C-_e.,, , 1989. (;?Lt Mayor ATTEST: _ 44 City Clerk 411 Publication Date: DEC 0 m Effective Date: DEC 3 1 1989 410 - 2 - (ord/admin)