A. All appeals filed pursuant to this section must be filed in writing with the Public Works Director within ten (10) working days of the date of the decision appealed from;

B. All appeals filed pursuant to this section shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the Public Works Director’s decision, which shall constitute the basis of the appeal;

C. Upon receipt of a timely written notice of appeal, the Public Works Director shall advise the City Council of the pendency of the appeal and request that a date for considering the appeal be established within ninety (90) days per Redmond Zoning Code Section 21.76.040.D.2.a;

D. The City Council shall have the option of directing that the appeal be heard before the Hearing Examiner who shall forward a recommendation to the City Council which shall take final action on the appeal. Referral to the Hearing Examiner may be made by motion approved by a majority of the City Council members present at the time of voting;

E. At the time of notifying the City Council of the pendency of the appeal, the Public Works Director shall make his or her recommendation to the City Council as to whether the appeal should be heard by the Hearing Examiner or the City Council. The recommendation shall be based upon relevant considerations including, but not limited to, the time required to hear the appeal and the need to create a full, formal record;

F. Regardless of whether the appeal is heard by the City Council or Hearing Examiner, all relevant evidence shall be received during the hearing on the appeal;

G. Unless substantial relevant information is presented which was not considered by the Public Works Director, such decision shall be accorded substantial weight, but may be reversed or modified by the City Council or Hearing Examiner if, after considering all of the evidence in light of the applicable goals, policies, and provisions of this Chapter, the City Council or Hearing Examiner determines that a mistake has been made. Where substantial new relevant information which was not considered in the making of the decision appealed from has been presented, the City Council or Hearing Examiner shall make its decision only upon the basis of the facts presented at the hearing of the appeal, or may elect to remand the matter for reconsideration by the Public Works Director in light of the additional information;

H. For all appeals decided pursuant to this section, the City shall provide for a record that shall consist of written findings and conclusions and a taped or written transcript;

I. Unless otherwise provided by state statute or other law, all actions seeking review of a final action of the City shall be filed with a court having jurisdiction over such action within thirty (30) calendar days of the final decision, or the expiration of the reconsideration period, whichever is later, and otherwise shall be barred. Pursuant to RCW 35.99.030, relief shall be limited to injunctive relief; and

J. No action to obtain judicial review shall be commenced unless all rights of appeal provided by this section are fully exhausted. (Ord. 2965 § 2 (part), 2019: Ord. 2925 § 2 (part), 2018: Ord. 2596 § 2 (part), 2011; Ord. 2175 § 1 (part), 2003).