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HomeMy WebLinkAboutOrd 1044ORDINANCE N0. 1044 AN ORDINANCE AMENDING SECTIONS 11.06.070 AND 11.06.080 OF THE MUNICIPAL CODE RELATING TO APPEALS FROM DECISIONS CONCERNING DISTINCTIVE AND HERITAGE TREES The CITY COUfJCIL of the City of Burlingame, does ordain as follows: Section 1. Subsection (e) of Section 11.06.070 of the Municipal Code is amended to read as follows: "(e) The director's recommendation of approval of a permit to remove or do significant work on a heritage or distinctive tree shall be heard and acted upon by the commission. The recommendation of approval by the director of a permit to remove, destroy or do significant work shall be acted upon by the commission no later than the next regularly scheduled meeting of the commission, or at any meeting thereafter to which the matter may be continued." Section 2. Subsection (f) is added to Section 11.06.070 of said Code to read as follows: "(f) An appeal of the decision of the director denying any permit to remove, destroy or do signfiicant work may be made within five business days after receipt of the director's recom- mendation and such appeal shall be acted upon at the next regular meeting of the commission or at a meeting called for that purpose, or at any meeting thereafter to which the matter may be continued." Section 3. Section 11.06.080 of said Code shall be amended to read as follows: "11.06.080 Finality of decisions - Appeal - Suspension of order fending appeal. The determination and order of the corimission shall become final and conclusive upon the adjournment of the city council at its next succeeding regular meeting if no appeal is filed. Destruction, removal or other work on heritage or distinctive trees shall not commence until after the adjournment of said city council meeting, or,if any appeal is filed, until after the decision of the city council. During the period between the action of the commis- sion and the adjournment of the next succeeding regular meeting of the council, any person may appeal such action to the city council. Such appeal shall be in writing and shall be filed with the city clerk. During the same period the council, on its own motion, may sUS pend the order of the commission for the purpose of reviewing the action of the commission." Section 4. This ordinance shall be published as required by law 7/22/75 AYES: COUNCILMEN: AP1STRUP-CROSBY-CUSICK-HARRISON NOES: COUNCILMEN: NONE ASSENT: COUNCILMEN: MANGINI HERBERT K. WHITE, City Clerk ` DepuV City Clerk -2- HERBERT K. WHITE, City Clerk Of the City Of Burlingame, does hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 4 day of August 1975, and adopted thereafter at a regular meeting of the City Council held on the 18 day of August, 1975. AYES: COUNCILMEN: AP1STRUP-CROSBY-CUSICK-HARRISON NOES: COUNCILMEN: NONE ASSENT: COUNCILMEN: MANGINI HERBERT K. WHITE, City Clerk ` DepuV City Clerk -2-