A. Any person aggrieved by a decision of the Board or of the Historic Preservation Officer relative to a certificate of appropriateness may, within 14 calendar days of mailing of notice of such decision, appeal such decision in writing to the Hearing Examiner. The written notice of appeal shall be filed with the City Clerk, and shall be accompanied by a statement setting forth the grounds of the appeal, supporting documents and argument, and an appeal fee in accordance with the City’s fee schedule as set forth in LMC 3.20.010.

B. If after examination of the written appeal and the record, the Hearing Examiner determines that an error in fact exists in the record, it may remand the proceeding to the Board or Historic Preservation Officer for reconsideration. Otherwise, it shall accept the facts as determined by the Board or Historic Preservation Officer. If the Hearing Examiner determines that the decision of the Board or Historic Preservation Officer is based on an error in the application of City Code provisions, it may modify or reverse the decision.

C. The Hearing Examiner’s decision shall be based solely upon the closed record; provided, that the Hearing Examiner may at his/her discretion permit the appellant and the Board or the Historic Preservation Officer, or their representatives, to submit arguments and statements explaining their positions, either in writing or orally at a public hearing held for the purpose, or both.

D. A final action under this chapter shall be final unless within 21 calendar days from the date of the action an aggrieved person seeks review by a court of competent jurisdiction. [Ord. 578 § 1, 2014; Ord. 251 § 1, 2000.]