Ordinance 1.13 - Amending Section 32.31 (APPEALS) Of Chapter 32 Of The Mountain View City Code ORDINANCE NO. 1.13
AN ORDINANCE AMENDING SECTION 32.31 (APPEALS)
OF CHAPTER 32 OF THE MOUNTAIN VIEW CITY CODE
THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 32.31 of Chapter 32 of the Mountain View City Code is hereby
amended to read as follows:
"SEC. 32.31. Appeals.
a. Any person aggrieved or affected by a decision on a requested removal, or a
member of the urban forestry board, or of the city council if the decision was made by
the development review committee or the zoning administrator, may appeal the
decision by filing a written notice of appeal with the city clerk stating the grounds for
the appeal, and paying the requisite appeal fee, as established by council resolution,
within ten (10) calendar days after the notice of the decision is posted or mailed. A
member of the city council or urban forestry board shall be exempt from payment of the
appeal fee.
b. Development-related removal permit appeals shall be heard by the city
council. Nondevelopment-related appeals shall be heard by the urban forestry board.
c. An appeal shall automatically stay issuance or denial of the permit until the
appeal has been completed. If no appeal is timely filed, the permit shall issue as
indicated in the notice of the decision.
d. Notice of the appeal shall be made by personal delivery or certified mail to
the owner, the permit applicant and by first-class mail to any other person who has
filed a written request for such notice. Notice shall also be given to the decision-maker.
The decisions of the urban forestry board and city council shall be final. Notice of the
decision shall be incorporated into the findings report. The denial of a permit shall be
with prejudice, and neither the owner nor any applicant shall reapply for the removal of
the same heritage tree for a period of two (2) years from said denial unless the
community services director or community development director finds, in writing,
prior to the filing of the application for removal, that there has been a material change
in circumstances.
e. The property owner for nondevelopment-related permits will be required to
post a copy of the approved permit on the tree twenty-four (24) hours in advance of the
tree removal."
Section 2. The provisions of this ordinance shall be effective thirty (30) days from
and after the date of its adoption.
Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be unconstitutional, such decision shall not affect the validity of
the other remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance and each section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional.
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Section 4. Pursuant to Section 522 of the Mountain View City Charter, it is ordered
that copies of the foregoing proposed ordinance be posted at least two (2) days prior to
its adoption in three (3) prominent places in the City and that a single publication be
made to the official newspaper of the City of a notice setting forth the title of the
ordinance, the date of its introduction, and a list of the places where copies of the
proposed ordinance are posted.
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The foregoing ordinance was regularly introduced at the Regular Meeting of the
City Council of the City of Mountain View, duly held on the 13th day of November,
2012, and thereafter adopted at the Regular Meeting of said Council, duly held on the
22nd day of January, 2013,by the following roll call vote:
AYES: Councilmembers Abe-Koga, Bryant, Kasperzak, McAlister, Siegel,
and Vice Mayor Clark
NOES: Mayor Inks
ABSENT: None
NOT VOTING: None
ATTEST: / APPROVED:
•
LORR ' BREWER, MMC JOHN INKS /
CITY If LERK MAYOR
I do hereby certify that the foregoing ordinance was
passed and adopted by the City Council of the City of
Mountain View at a Regular Meeting held on the
22nd day of January,2013,by the foregoing vote,and
was published in the San Jose Post Record by reference
on the 18th day of January, 2013,and posted in three
pr.100 laces in said City.
a • .4i i
City -rk
City of fountain View
BH/2/ORD
216-01-22-13o-E