O1462
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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
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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
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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.
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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
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Adopted and approved this loth day of January, 1989.
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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:
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