Section 12.16.130 Right to appeal the decision or action of director.
Any person, public agency or utility aggrieved or affected by any decision or
action taken
pursuant to the authority of this chapter by the director may appeal that decision or action to the
parks board according to the following rules and regulations:
A. A written notice of appeal must be received by the
parks board not later than ten calendar
days following the date of the decision or action from which such appeal is being taken. If the
final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be
extended to the next following business day;
B. The appellant shall state the basis for the appeal
and shall specifically cite which
provision of this chapter is relied upon to support the appellant’ s contention that the director
acted in error. Any reports which may be submitted by the appellant or staff are advisory only
and shall not be deemed conclusive or binding on the board’ s findings. The appeal must be
signed by the appellant or appellant’ s representative, and must set forth the mailing address
to
which the board may direct notice of a hearing;
C. Upon receipt of appeal, the board will schedule the
matter for a public hearing at the next
regularly scheduled business meeting, provided public notice timelines are met;
D. Notice of the public hearing shall be sent by first
class mail to the permit applicant and
appellant as required by law;
E. Notice of the public hearing shall be conspicuously
posted by the director near the
location of the tree(s) or the vegetation which are the subject of the appeal;
F. All notices shall include:
1. The time, place and date of the public hearing,
2. A brief description of the matter to be considered
including a concise description of the
tree or vegetation in question, its location and scope of work being proposed,
3. The date of the filing of the permit application and
the name of the applicant;
G. The board shall make findings of fact on which it
bases its action. The board may
conditionally grant the permit specifying mitigations, deny the permit or allow a portion of the
proposed work outlined in the permit application to be done;
H. The board shall direct the director to issue any permit
granted by the board pursuant to
this section, which permit shall be conspicuously posted near the subject(s) of the permit;
I. The decision of the board shall be final unless appealed
to the council within ten days
after the decision is issued;
J. All work performed on any designated tree or vegetation
pursuant to a permit as
provided in this chapter shall be completed within forty-five (45) days from the effective date of
the permit or within such longer period as the director may specify;
K. Decision of the council shall be final.
1. Permit applications denied by the council on appeal
shall not be considered for
reapplication for a period of one year from the date of the council’ s decision, unless:
a. There is a significant decline in the health of the
subject tree or vegetation as certified to
the director by a licensed arborist; and
b. Said decline in health has not been caused by the
applicant or any person associated with
the applicant. (Ord. 195 (part), 2002)
