The LID clock is ticking . . .

Street LID Hearing Examiner Wayne Tanaka’s report was received by the City yesterday. Those whose appeals were denied have 10 “calendar” days — not 10 “business” days, as the City Attorney Art Blauvelt stated at the Sept. 27 City Council meeting — to file an appeal. At this point, it will cost $250 to file an appeal. At the Sept. 27 council meeting, council member Jackie Farra requested that reducing the fee be on an agenda. Mayor Garland French agreed to do so. “We have plenty of time,” he said.

Blauvelt email, this morning (in response to my request for the decision to be emailed to me, to post here): “My expectation is that the decision of Mr. Tanaka will go on the city’s website today.”

Email from Blauvelt, yesterday: “In your newspaper of September 29 you stated that the timeline to appeal a decision of the Hearing Examiner is 10 “business” days.  The correct timeline is that a lot owner who filed a protest has 10 calendar days to file an appeal to the city council.”

“Under Ord 882, (OSMC 3.46.020 (A) a  notice of appeal shall be filed with the City Clerk… “no later than the tenth day after the day upon which the report of the hearing examiner is filed with the City Clerk”.  So, it is 10 calendar days not 10 business days.  The term business days applies to the requirement that the City Clerk mail out her notices of filing within “five business days” of receiving the report.

Art

Arthur A. Blauvelt III
Ingram, Zelasko & Goodwin, LLP
120 East First Street
Aberdeen, WA  98520
360.533.2865
360.538.1511 (fax)