§ 12.08.080. Appeal of the determination of the director of public services.

Any person aggrieved by the determination of the director of public services may file an appeal to the planning commission following the payment of the applicable fee. A public hearing shall be held following public notice of property owners within three hundred feet per Section 17.60.110. Said public notice shall also include posting of the subject tree(s) with two placards that are clearly visible indicating the purpose, time, date and location of the hearing.

The appellant shall submit a report prepared by a certified arborist or landscape architect describing the condition of the tree(s) and the reason(s) for the removal of the tree(s) from the public right-of-way. Trees shall not be removed solely for the preservation of private views.

A tree(s) shall not be removed unless authorized by the proper review authority within the scope of a construction project. Said removal shall be appropriately mitigated on a not less than two-to-one tree replacement. Said tree(s) shall be maintained in a healthy, live condition for a period of five years.

Following the public hearing, the planning commission shall grant or deny the appeal. The granting of the appeal by the planning commission may be subject to conditions deemed appropriate to mitigate the impacts to the community and neighborhood due to the removal of the tree(s). Any person aggrieved by the decision of the planning commission may file an appeal to the city council. The city council shall then conduct a public hearing under the same provisions as stated above.

(Ord. 490 (part), 2002)