Etna Municipal Code Ch. 18.16 Administration and Actions

All written comment or the record thereof by the public or by a governmental agency specifically on the environmental characteristics of a discretionary project shall be transmitted to the city council and, if not required to be a part of the environmental impact report by the Environmental Quality Act of 1970, may be included with the environmental documents for the project.

(Ord. 70 § 2.4, 1973)

Whenever an agency of the city, such as the city council, is required by this title to make a finding, such finding may be made orally. The clerk for such agency is authorized to act on behalf of that agency in making the written finding in the appropriate language on the appropriate document and in signing such appropriate document.

(Ord. 70 § 2.5, 1973)

Any action or proceeding to attack, review, set aside, void, or annul any determination, decision, or governmental action by the city on the ground of noncompliance with this title or with the Environmental Quality Act of 1970 shall be commenced as follows:

A. Any action or proceeding alleging that the city is carrying out or has approved a project which may have a significant effect on the environment without having determined whether the project may have a significant effect on the environment shall be commenced within 180 days of the city's decision to carry out or approve the project or, if a project is undertaken without a formal decision by the city, within 180 days after commencement of the project.

B. Any action or proceeding alleging that the city has improperly determined whether a project may have a significant effect on the environment shall be commenced within 30 days after the filing of the notice with the county clerk required by the Environmental Quality Act of 1970.

C. Any action or proceeding alleging that an environmental impact report does not comply with legal requirements shall be commenced within 30 days after the filing of the notice with the county clerk required by the Environmental Quality Act of 1970.

D. Any action or proceeding alleging any other violation of this title or of the Environmental Quality Act of 1970 shall be commenced within 30 days of the alleged violation.

(Ord. 70 § 2.6, 1973)

Proof of prior service by mail upon the city of a written notice of the commencement of any action or proceeding described in EMC § 18.16.030 identifying the project shall be filed concurrently with the initial pleading in such action or proceeding.

(Ord. 70 § 2.7, 1973)

The clerk of the council shall file any notices required by the Environmental Quality Act of 1970.

(Ord. 70 § 2.8, 1973)