§ 13.32.120. Appeal Procedures.

A.

Action of the Director on a tree removal application under this Chapter is an administrative permit not subject to hearing unless requested in accordance with the provisions of Section 13.32.090 above. If no hearing is requested in accordance with the provisions of Section 13.32.090 above, the Director's decision shall not subject to appeal.

B.

Except for actions of the Director on Unsuitable Trees, any action of the Director after a hearing is held under the provisions of Section 13.32.090 above may be appealed to the Planning Commission by the applicant or by any of the property owners or occupants of the parcels of land adjacent to or across the street from the property upon which the tree or trees proposed for removal are located. The person making the appeal shall do so by filing a written notice of appeal within ten (10) days after notice of such action is mailed to the applicant at the address shown for such purpose on his application and to such owners mentioned in Section 13.32.090 at their last known address as the same appears upon the last equalized assessment rolls of the County and to such occupants mentioned in Section 13.32.090 at the address of the parcel on which the tree or trees to be removed is or are located and at the address of the parcel directly across the public street which abuts such parcel on which said tree or trees is or are located.

C.

Such notice of appeal shall be filed with the Director on a form furnished by the Director. The information and data required to be set forth in the form shall be as prescribed by the Director. The Director may refuse to accept any such notice of appeal unless the notice is signed and all data is set forth and shown as required by the form.

D.

When such notice of appeal has been accepted and filed by the Director, within the time provided, the Director shall, subject to the applicable rules of the Planning Commission, set a date of hearing thereon by the Planning Commission and notify the Planning Commission of such setting. Such date of hearing shall be not less than ten (10) days nor more than sixty (60) days after the notice of appeal was accepted and filed.

E.

The Director shall give notice of the hearing to the appellant or appellants, and the applicant, owners and occupants by mailing same at least five (5) days before the date set for hearing, to the appellant or appellants at the address shown for such purpose on his or their notice of appeal, and to the applicant, owners and occupants at the address to which the Director's action was mailed and said director shall also file with the Planning Commission at its hearing on appeal the application, notice of appeal, the action appealed from, and all other things filed with the Director in connection with the application.

F.

The Planning Commission shall hear all matters on appeal de novo and shall take action within a reasonable time after conclusion of its hearing.

(Prior code § 8936; Ords. 12363, 26595, 29195, 30057.)