A. As authorized by RCW 35.44.070, the city council hereby provides for delegating, whenever directed by majority vote of the city council, the duty of conducting public hearings for the purpose of considering final assessment rolls and the individual assessments upon property within local improvement districts to a city of Bothell hearing examiner appointed under Chapter 2.54 BMC; and the hearing examiner is directed to conduct such hearings when thus authorized by the city council.

B. All objections to the confirmation of the assessment roll shall be in writing and identify the property, be signed by the owners and clearly state the grounds of the objection. Objections not made within the time and in the manner prescribed in this chapter and as required by law shall be conclusively presumed to have been waived.

C. The hearing examiner shall make recommendations to the city council following the completion of such hearings and the city council shall either adopt or reject the recommendations of the hearing examiner.

D. The recommendations of the hearing examiner shall be that the city council correct, revise, lower, change or modify the roll or any part thereof, or set aside the roll in order for the assessment to be made de novo, or that the city council adopt or correct the roll or take other action on the roll. The recommendations of the hearing examiner shall be filed with the city clerk and each person whose name appears upon the recommended assessment roll shall receive written notification of their recommended assessment. The city council shall adopt or reject the recommendation of the hearing examiner at a public meeting and shall act by ordinance in confirming the final assessment roll; provided, that any person who shall have timely filed an objection to their assessment may appeal the decision of the hearing examiner to the city council by filing written notice of such appeal with the city council within 10 calendar days after the date of mailing of the hearing examiner’s decision.

E. The appeal shall be based exclusively upon the record made before the hearing examiner and shall be considered by the city council at a public meeting. No new evidence may be presented. Arguments on appeal shall be either oral or written as the city council may order.

F. Appeals from a decision of the city council regarding any assessment shall be made to the superior court within the time and in the manner prescribed by law. (Ord. 1650 § 1, 1996).