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Ordinance No. 19770
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Ordinance No. 19770
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Last modified
6/10/2010 3:46:44 PM
Creation date
1/29/2009 2:38:13 PM
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Council Ordinances
CMO_Document_Number
19770
Document_Title
An ordinance concerning quasi-judicial hearing procedures and land division; amending, renumbering, adding and repealing sections of the Eugene Code, 1971. (See description for listing of all effected code sections.)
Adopted_Date
4/22/1991
Approved Date
4/22/1991
CMO_Effective_Date
5/23/1991
Signer
Jeffrey R. Miller
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site review approval by the city i n accordance with the site review proce- <br />dures specified i n this code, pri yr to the applicant recei vi ng a bui l di ng <br />permit or certificate of occupancy. <br />~2} Within five days after the commission or hearings official <br />renders a deci si on, the city shall mai 1 a noti ce of the decision to the <br />applicant and persons who have requested notification. <br />~3 } Unless appealed, the decision i s final on the e1 eventh day <br />after notice of the decision i s mai 1 ed. <br />~4} if the zone change i ncl udes a subdi stri ct, the city shall re- <br />cord that fact i n the office of the bane County Recorder. <br />Section 58. Section 9.fi81 of the Eugene Code, 1911, is amended to pro- <br />vide: <br />9. fi81 A eal s. Within ten days of the date that notice of the decision <br />i s mai 1 ed, i t may be appealed by the owner, appl i cant, a party, an <br />adversely affected person, ar a person entitled to notice under section <br />9.672 of this code. The appeal shall be made by filing a statement of issues <br />on appeal and other information on a form prescribed by the city. The appeal <br />shat 1 be based on the record, and shal 1 be 1 imi ted to the issues raised at <br />the evidentiary hearing that are set out i n the f i 1 ed statement of issues . <br />The planning staff shat l provide the commission or counci 1 with the record. <br />Section 59. Section 9.682 of the Eugene Code, 1971, is amended to pro- <br />vide: <br />9,682 A eal Notice and Action. <br />~ 1 } , Unless the applicant and appellant agree to a 1 onger time per- <br />~ od, the comma ss ~ on shat 1 hot d a heari ng to allow oral argument on an appeal <br />from a hearings official decision within 45 days of its receipt. The council <br />shal 1 hol d a publ i c hearing to al 1 ow oral argument on an appeal from a pl an- <br />ning commission decision within.fi0 days of its receipt. At least ten days <br />prior to the hearing, the planning department shall mail notice thereof to <br />the applicant, appellant, and persons who requested notice of the previous <br />decision or of the appellate hearing. <br />~ 2 } Unless the applicant and appellant agree to 1 onger time per- <br />iod, the commission or council shall make a decision within 15 days of the <br />hearing. The council, by order with findings and conclusions therein, <br />shal 1 affirm, reverse, or modify the planning commission's decision. The <br />commi ssi an, by order with findings and conc1 usi ons therein, shall affirm, <br />modify or reverse the hearings official ' s decision . When a dec i s i on i s <br />reversed or madi f i ed, the cammi ss i on ar counci 1 shall make findings of fact <br />as to why the previous decision was i n error based on required criteria. <br />The appeal decision shall be agreed to by a majority of the members present <br />at the hearing . A ti a planning commission vote shat 1 result i n affirming <br />the previous decision of the hearings official . <br />~3} Within five days after a deci sion i s rendered, notice of the <br />ordinance - 52 <br />
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