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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. -1- 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. -w 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