A. Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may, within 35 calendar days of mailing notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness, appeal such decision in writing to the hearing examiner pursuant to Chapter 2.46 ACC. The written notice of appeal shall be filed with the planning director and shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and argument.

B. If, after examination of the written appeal and the record, the examiner determines that:

C. The examiner’s decision shall be based solely upon the record; provided, that the examiner may at their discretion publicly request additional information of the appellant, the commission or the planning director.

D. The examiner shall take final action on any appeal from a decision of the commission by entering written findings of fact and conclusions of law from the record and reasons therefrom which support its action. The examiner may adopt all or portions of the commission’s findings and conclusions.

E. The decision of the examiner is final unless an appeal is filed pursuant to ACC 2.46.160. An appeal may also be filed by the King County landmarks and heritage commission to the planning director, who will forward the appeal to the city council.

F. The action of the city council sustaining, reversing, modifying or remanding a decision of the examiner shall be final unless within 20 calendar days from the date of the action an aggrieved person obtains a writ of certiorari from the superior court of King or Pierce County, state of Washington, for the purpose of review of the action taken. (Ord. 6442 § 10, 2012; Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)