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The Examiner's decision on all matters is final and conclusive unless appealed. The Planning Department shall inform the Council prior to participating in an appeal of any Hearing Examiner decision on shoreline or land use cases as described below. Determination that an appeal of shoreline or land use cases is or is not in the best interest of the citizens of Pierce County shall be preceded by discussion between the Planning Department Director and the Council.

A. Land Use. All land use decisions of the Examiner issued pursuant to PCC 1.22.080 B.1., except rezones, shall constitute the final decision of the Council and shall be appealable to a court of competent jurisdiction.

B. Non-Land Use. All non-land use decisions of the Examiner issued pursuant to PCC 1.22.080 B.2. shall constitute the final decision of the Council and shall be appealable to a court of competent jurisdiction. This subsection shall supersede any conflicting provisions of the Pierce County Code that contain appeal provisions for non-land use decisions of the Examiner.

C. Environmental. The decision of the Examiner on matters under Title 18D PCC, Development Regulations – Environmental, and PCC 1.22.080 B.1.k. of this Chapter shall be appealable only to a court of competent jurisdiction.

D. Shoreline. The decision of the Examiner on matters under Title 20 PCC and PCC 1.22.080 B.1.f. of this Chapter shall be appealable to the State Shorelines Hearings Board in accordance with the provisions of Chapter 90.58 RCW.

E. Rezones. For rezones, the Examiner's decision is final unless an aggrieved party of record files a written notice of appeal and pays an appeal fee in accordance with Chapter 2.05 PCC to the Planning Department within ten working days from the date of mailing of the Examiner's final written decision; PROVIDED, if the Examiner was requested to reconsider a decision, then the appeal must be filed within ten working days from the mailing of the Examiner's decision on reconsideration. The notice of appeal shall concisely specify each error and/or issue the Council is asked to consider. Upon the timely filing of an appeal, the Planning Department shall forward the original recording containing a verbatim record of the proceedings before the Examiner and ten copies of the Examiner's official record to the Legal Clerk of the Council. The procedures contained in Chapter 1.24 PCC shall govern appeals to the Council filed under this subsection.

(Ord. 2014-52s2 § 1 (part), 2014; Ord. 97-84 § 5 (part), 1997; Ord. 96-19S § 4 (part), 1996; Ord. 94-112S § 1 (part), 1994; Ord. 90-154 § 1 (part), 1990; Res. 22487 § 1 (part), 1980; Res. 20489 § 1 (part), 1978)