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O1462 e e CA:RMM:jld157/hpc city council Meeting 1-10-89 Santa Monica, california ORDINANCE NUMBER 1462(CCS) (city Council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 7610 OF THE SANTA MONICA MUNICIPAL CODE ALLOWING THE CITY TO CHARGE A FEE FOR THE UNAUTHORIZED REMOVAL OF TREES IN THE CITY OF SANTA MONICA THE CITY COONCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 7610 is amended to read as follows: SECTION 7610. Permit Requirements. (a) No person, firm, or corporation shall remove, cut, trim, prune, plant, injure, or interfere with any tree, shrub, or plant upon any street or public place of the City without a permi t from the Director of Recreation and Parks or the Director of General services. The permit may be granted on the condition that the owner or authorized representative bear the cost of removal and on the condition that the owner or authorized representative bear the cost of replanting any tree, shrubs, or plant. The permit - 1 - e e shall become void unless work is completed within thirty (30) calendar days from the date of issuance of the permit. The time for completion of the work required by the permit may be extended by the Director of Recreation and Parks or the Director of General Services upon a determination that it serves the interest of the city to do so. (b) The Director of Recreation and Parks may require the posting of a cash deposit or bond in an amount sufficient to secure the completion of the work, and to indemnify the City against any damages to public property arising from the exercise of rights granted under the permit and to include the cost of inspection. (c) Any person, corporation, or firm which removes, cuts, trims, prunes, or otherwise injures or interferes with any tree, shrub, or plant upon any street or public place of the City, shall be assessed a fee payable to the City of Santa Monica in the amount of the appraised value of such removed tree, shrub, or plant, as determined by the Director of Recreation and Parks in accordance with standards developed by the - 2 - e e Council of Trees and Landscape Appraisers. The fee shall be paid within thirty (30) days of receiving notice of the fee from the City. The notice shall contain an explanation of appeal rights as contained within subdivision (d) of this section. (d) Any person, corporation, or firm assessed a fee pursuant to subdivision (c) may appeal the assessment in accordance with the procedures set forth in Municipal Code Section 6126. No hearing request shall be deemed timely filed unless within the time period to request a hearing, the person, corporation, or firm requesting the hearing deposits with the City Treasurer money in an amount equal to the fees. If, as a result of the hearing, it is determined that the City was not entitled to fees in the amount of the deposit, the City shall refund the amount of the excess fees. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 3 - e e SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ...A. J. (2-,-" 1..h-7i .-.(-v ROBERT M. MYERS city Attorney ..........J..........F--~~~.......-......--.... .f"l. i) \~ - 4 - ... ~ . e e Adopted and approved this loth day of January, 1989. f) ~ ::r:: I hereby certify that the foregoing Ordinance No. 1462 (CCS) was duly and regularly introduced at a meeting of the ci ty Council on the 13th day of December 1988; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the lOth day of January 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Reed ATTEST: . '- '- Af~~~!;- -~ ~ t - ,- -~- Cl ty_ C....e - ~- - __ _