03 - Laserfiche WebLink

Ordinance No. 2019 Page 14 which, in the opinion of the director, varies from these guidelines shall be subject to fines and penalties as provided in Section 17.16.110 of this chapter. (3) amend Section 17.16.025 Significant Impact — Administrative Hearing as follows: 17.16.025 Significant impact— Administrative hearing. A. Where the applicant applies to remove a heritage tree on grounds that it has a significant impact on the property, the director shall conduct a hearing. The hearing shall be set not less than 15 days and not more than 60 days from the date the application is filed. B. The director shall send notice of the hearing to all property owners and residents within 300. C. At the hearing, the applicant and any interested party shall be given the opportunity to be heard concerning the preservation or removal of the heritage tree. D. After considering all relevant evidence, the director shall issue a written decision to preserve or remove the tree. E. The director shall send a copy of the written decision to the applicant and neighboring property owners and residents within 300 of the tree. F. Unless appealed, the decision of the director shall become effective 20 days after being issued. G. The director's decision may be appealed as provided in Section 17.16.040 of this chapter. (4) amend Section 17.16.040 Appeal as follows: 17.16.040 Appeal. A. The director's decision may be appealed only by the applicant. Such appeal must be submitted in writing to the city clerk within 20 days of the decision, and shall briefly state facts arid the grounds of the appeal and be signed by the applicant filing the appeal. B. Any appeal concerning property with four or fewer residential units on the subject property, not concerning new development, shall be heard by the heritage tree board of appeals. All other appeals shall be heard by the city council. C. The city clerk shall set a date for hearing before the appropriate appellate body and shall notify all interested parties. The director shall submit a report to the appropriate appellate body, along with any departmental recommendations. D. The appellate body shall conduct a hearing on the appeal. Following the hearing of any such appeal, the appellate body may affirm, reverse or modify the action of the director and may take any action thereon which would have been authorized in the first instance. The action of the appellate body on any such appeal shall be final and conclusive.