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3C Presentation 2014 0519
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3C Presentation 2014 0519
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
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5/19/2014
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_CC Agenda 2014 0519 CS+RG
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purpose of this Chapter. When a permit is denied, the Director shall state in writing the reasons <br />for said denial based on the above standards. <br />(d)Unless appealed as provided in Section X-X-XXX, the decision of the Director shall <br />become effective 20 days after being issued. <br />X-X-XXX Significant impact—Administrative hearing. <br />(a)Where the Applicant applies to remove a Protected Tree on grounds that it has a <br />significant impact on the property, the Director shall conduct a hearing. The hearing shall be set <br />not less than 15 days and not more than 60 days from the date the application is filed. <br />(b)The Director shall send notice of the hearing to all property owners and residents within <br />300 feet. <br />(c)At the hearing, the applicant and any interested party shall be given the opportunity to be <br />heard concerning the preservation or removal of the Protected Tree. <br />(d)After considering all relevant evidence, the Directorshall issue a written decision to <br />preserve or remove the Protected Tree. <br />(e)The Director shall send a copy of the written decision to the applicant and neighboring <br />property owners and residents within 300 feet of the Protected Tree. <br />(f)Unless appealed as provided in Section X-X-XXX, the decision of the Director shall <br />become effective 20 days after being issued. <br />X-X-XXX Appeal. <br />(a)The Director’s decision may be appealed only by the Applicant. Such appeal must be <br />submitted in writing to the City Clerk within twenty (20) days of the decision, and shall briefly <br />state facts and the grounds of the appeal and be signed by the Applicant filing the appeal. <br />(b)Any appeal shall be heard by the City Manager within 60 days after the City’s receipt of <br />appeal, to hear such testimony by any department of the City, the applicant who filed the appeal, <br />or any interested party. <br />(c)The City Clerk shall set a date for hearing before the City Manager and shall notify all <br />interested parties. The Director shall submit a report to the City Manager, along with any <br />departmental recommendations. <br />(d)The City Manager shall conduct a hearing on the appeal and make written findings of fact <br />upholding, reversing or modifying the Director’s decision. Following the hearing of any such <br />appeal, the City Manager may affirm, reverse or modify the action of the Director and may take <br />any action thereon which would have been authorized in the first instance. The action of the City <br />Manager on any such appeal shall be final and conclusive. <br />X-X-XXX Emergency action. <br />A person may remove or prune a Protected Tree without a permit if there is an emergency caused <br />by a Protected Tree being in a hazardous or dangerous condition requiring immediate action for
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