4.24.070 Removal of city trees as initiated by abutting property owner.

     A.    Any property owner desiring to remove a city tree abutting his or her property shall submit an application, along with any required fees, to the director requesting such removal to be undertaken by the city. The application shall be on a form approved by the director and shall be accompanied by a written statement setting forth the reasons for the request and any supporting evidence.

     B.     Upon receipt of an application and the required fees, the director shall schedule a public hearing before the commission.

     C.     Notice of the public hearing shall be provided in writing to the property owner of each property on the street block at least ten days prior to the public hearing. The notice shall state the date and time of the public hearing and a brief description of the action. Notice shall be by first-class U.S. mail.

     D.    The commission shall approve the request for removal if it finds any of the following:

     1.     The city tree creates an unreasonable burden upon the abutting property owner; and/or

     2.     The city tree creates an unreasonable economic burden or hardship upon the abutting property owner; and/or

     3.     The city tree creates a disproportionate impact on the abutting property owner and/or street frontage based on the size of the city tree.

     E.     Following the public hearing by the commission, it shall consider the matter and may approve, deny, or approve/deny in part. The commission may include any reasonable conditions as part of its decision.

     F.     The determination by the commission shall be final and effective unless appealed to the city manager and/or the city council in accordance with the procedures set forth in Section 4.24.060(D) and (E), respectively, except that the city manager and city council shall render the decision based on the findings set forth in subsection D.

     G.    In any case, where the commission, the city manager, or the city council desires another arborist report before it renders a decision, the selection of the arborist shall be mutually agreed upon by both the city and the appellant and the cost of the report shall be equally shared by the city and the appellant. If the parties are unable to mutually agree upon an arborist, the commission, the city manager, or the city council, as applicable, shall select the arborist.

     H.    Where the applicant receives a final decision of approval by either the commission or city manager and wishes to remove the city tree immediately, the costs to do so shall be shared equally by the city and the applicant.

     I.      The director shall replant a new city tree when possible following the removal of a city tree. (Ord. 424 § 1, 2014)