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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />D. Within forty Days Following receipt of the filing of a Written Appeal, the City Council <br />Shall conduct a duly advertised Public Hearing on the Matter, or Shall appoint a Neutral Hearing <br />Officer, as further specified in Section 18.58.101, to conduct a duly advertised Public Hearing on <br />the Matter, Public Notice of which Shall be given. <br />E. The City Council Shall announce its findings and Decision by formal Resolution not more <br />than forty Days Following the conclusion of the hearing, and the Resolution Shall recite, among <br />other things, the facts and reasons which, in the opinion of the City Council, make the Approval <br />or denial of the Application necessary to carry out the general purpose of this title. <br />F. The action by the City Council Shall be by a majority vote of those members present and <br />voting and Shall be final and conclusive. Any Resolution adopted shall require a minimum of <br />four (4) votes. <br />G. In the event of an Appeal as provided above, the action of the Commission in the Matter <br />Shall forthwith be suspended pending the Appeal. Upon the City Council's or Hearing Officer's <br />rendering of a decision on Appeal, the action of the Commission in the Matter shall be void and <br />of no force of effect. In the event that the City Council is unable to render a decision on Appeal, <br />the decision of the Commission shall be final and conclusive. <br />H. Any two members of the City Council May Appeal the Decision of the Commission on a <br />land Use Application, within ten calendar Days after mailing of the Notice of the Commission's <br />decision. Notice of the Commission's decision Must be mailed within two working Days after <br />such decision to the members of the City Council." <br />SECTION 5. Seve^ � ram. If any section, subsection, subdivision, sentence, clause, <br />phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the <br />decision of any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this Ordinance. The City Council hereby declares that it would have <br />adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or <br />portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, <br />sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. <br />SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after <br />its adoption. <br />PASSED, APPROVED AND ADOPTED this 3rd day of April, 2018. <br />ATTEST: <br />CAROLINA R. PADILLA, City Clerk <br />-2- <br />S � <br />RICHARD A. DELAROSA, Mayor <br />