Chapter 12.70
APPEALS
Sections:
12.70.005 Appeal of decision associated with Development.
12.70.010 Appeal of city arborist decision.
12.70.020 Notice of commission hearing.
12.70.030 Decision of the beautification and natural resources commission.
12.70.040 Review by city council.
12.70.050 Notice of council hearing.
12.70.060 Decision of the city council.
12.70.005 Appeal of decision associated with Development.
For designated Trees associated with Development, any Person aggrieved by or objecting to any project decision by the approval authority shall have the right of appeal to the appeal authority as specified in Chapter 23.70 PGMC. Filing a timely and complete appeal with the community development department shall suspend any permit or approval until the hearing on the appeal has been completed. Appeals associated with Development shall follow the appeal procedures provided in Chapter 23.74 PGMC. [Ord. 13-013 § 3, 2013].
12.70.010 Appeal of city arborist decision.
Any Person aggrieved by or objecting to any exercise of authority by the city arborist under this title shall have the right of appeal to the beautification and natural resources commission. Filing a timely and complete appeal with the city clerk shall suspend any permit or approval until the hearing on the appeal has been completed. A complete appeal shall include the: action being appealed; property address or location of the Tree impacted by the action; name and contact information of the Person or Persons filing the appeal; reasons for the appeal; and any fee for such appeal as adopted by the city council and included in the city’s master fee schedule, which is available at city hall and on the city’s website.
(a) Appeals of the city arborist’s action hereunder shall proceed as follows:
(1) Any applicant or interested person may, upon payment of a fee established by the council, appeal a permit decision to the beautification and natural resources commission within the 10-day posting period. The appeal will suspend a permit approval pending the commission’s hearing on the appeal.
(2) Within 60 days of receipt of an appeal, the beautification and natural resources commission will hold a public hearing on the appeal unless the appeal is continued for good cause demonstrated. At least 10 calendar days prior to the hearing, the property on which the Tree or Trees subject to the appeal are located shall be posted with a notice of the date and time of the public hearing. Two identical notices shall be posted on public property within 200 feet of the property on which the subject Tree or Trees are located, in positions clearly visible to the public. The party appealing shall be notified by mail of the date and time of the hearing.
(3) The beautification and natural resources commission may affirm, reverse, or modify the action of the city arborist, and in so acting, apply the standards set out in subsection (c) of this section.
(4) The action of the beautification and natural resources commission may be appealed to the city council within 10 calendar days.
(5) Once the city council has considered an application for Removal or alteration of a Tree, all further applications relating to that Tree shall be made directly to the council. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.70.020 Notice of commission hearing.
At least 10 days prior to the hearing, the property on which the Tree or Trees subject to appeal are located shall be posted with notice of the time and date of the hearing at or near the subject Tree or Trees. Two identical notices shall be posted by the city arborist on public property within 200 feet of the property on which the Tree or Trees are located, in positions clearly visible to the public. The subject Tree or Trees shall be marked with a bright ribbon around the trunk. The property owner and party appealing shall be notified by mail of the date and time of the hearing. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.70.030 Decision of the beautification and natural resources commission.
The beautification and natural resources commission may affirm, reverse, or modify the decision and/or the action of the city arborist and, in so doing, shall apply the findings set out in PGMC 12.10.020 and the Urban Forestry Standards. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.70.040 Review by city council.
The decision of the beautification and natural resources commission may be appealed to the city council within 10 days by filing the appeal in writing, together with the fee set forth in the city’s master fee schedule, with the city clerk. Filing of this appeal shall suspend any permit or approval until the hearing on the appeal has been completed. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.70.050 Notice of council hearing.
Within 30 days of receipt of an appeal, or its next regular meeting, the city council shall hold a public hearing on the appeal unless such time is continued for good cause demonstrated. At least 10 days prior to the hearing, the property on which the Tree or Trees subject to the appeal are located shall be posted with a notice of the date and time of the public hearing. Two identical notices shall be posted on public property within 200 feet of the property on which the subject Tree or Trees are located, in positions clearly visible to the public. The property owner and party appealing shall be notified by mail of the date and time of the hearing. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.70.060 Decision of the city council.
The council may affirm, reverse, or modify the decision of the beautification and natural resources commission and/or the action of the city arborist and, in so doing, shall apply the findings set out in PGMC 12.10.020 and the Urban Forestry Standards. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.70.070 Further action.
Once the beautification and natural resources commission or city council has considered, on appeal, an application for Removal or alteration of a Tree(s), all further applications relating to that Tree shall be made directly to that same appeal authority. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].