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A. Administrative Appeals.

1. The hearing examiner shall have the authority to hear and decide appeals from any order, requirement, permit, decision or determination made by the floodplain manager or designee in the administration and enforcement of provisions of this title.

2. Appeals from the floodplain manager’s order, requirement, permit, decision, or determination may be taken to the hearing examiner by any person aggrieved. The appeal shall be filed in writing, in duplicate, in original form with the city clerk within ten days of the date of the action being appealed. Upon filing an appeal, a place and time for the hearing not more than thirty days from such notice of appeal shall be set by the hearing examiner.

3. The hearing examiner may, in conformity with this title or other applicable ordinances, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from, and may rule on the order, requirement, decision or determination as necessary. To that end, the hearing examiner shall have all the power of the officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned.

4. The decision of the hearing examiner on an administrative appeal shall be final and conclusive.

B. Appeal of Variances.

1. There shall be no administrative appeal of the hearing examiner’s decision on a requested variance under this chapter.

2. The floodplain manager shall maintain the records of all variances granted under this chapter and shall report any variances to the Federal Insurance Administrator upon request.

C. Judicial Appeal. Appeals from the final decision of the hearing examiner under this chapter shall be made to Snohomish County superior court in accordance with Chapter 36.70C RCW. (Ord. 033/2018 § 11; Ord. 011/2017 § 2; Ord. 004/2006 § 2; Ord. 021/2005 § 1)