Chapter 25.22
REQUESTS FOR RECONSIDERATION

Sections:

25.22.010    Decisions to be reconsidered.

25.22.020    Who may request a reconsideration.

25.22.030    Procedures.

25.22.010 Decisions to be reconsidered.

(1)    A decision of the public works official to not approve an application for concurrency may be reconsidered for the following reasons:

(a)    A technical error was committed;

(b)    Alternative data or a mitigation plan provided by the applicant was rejected;

(c)    Unwarranted delay in review allowed capacity to be given to another applicant.

(2)    Such decision may not be reconsidered for the following reasons:

(a)    The methodology of the concurrency test in the comprehensive plan and in this title is incorrect;

(b)    The adoptedlevel of service established in the comprehensive plan is incorrect;

(c)    A provision of this title is incorrect or invalid. (Ord. 4509 § 16, 2015: Ord. 3830 § 1 (part), 2002: Ord. 3552 § 1 (part), 1997)

25.22.020 Who may request a reconsideration.

Only the applicant or authorized agent of the property owner may request reconsideration of the concurrency decision. (Ord. 3830 § 1 (part), 2002: Ord. 3552 § 1 (part), 1997)

25.22.030 Procedures.

(1)    The applicant or authorized agent must file a written request for reconsideration to the public works director within fourteen calendar days following the postmarked date of distribution of the public works official’s written decision. The applicant or agent shall specify in the request what aspect of the decision he/she wishes to have reconsidered and the reason for the request.

(2)    The burden of proof shall be on the applicant or agent to show that the public works official was in error.

(3)    Within twenty-one working days of receiving the request for reconsideration, the public works director shall review the reconsideration request and send written notice of the final concurrency test decision to the applicant or agent, and to the city planning and building and fire departments. (Ord. 4491 §§ 3 (part), 4 (part), 2015; Ord. 3830 § 1 (part), 2002: Ord. 3552 § 1 (part), 1997)