Title 12 Public Ways and Property

Chapter 12.02 Obstruction, Encroachment of Public Ways

Article V: Urban Forestry Program

Decisions of the director under SMC 12.02.910 and SMC 12.02.912 may be appealed by the property owner to the tree committee within thirty days of receipt of the permit denial or the director’s decision. The appeal notice must be in writing and submitted to the director. The notice must include, at a minimum, the following information:

1. Name, address and telephone number of applicant.
    
2. Location of trees involved in the appeal.
    
3. Decision being appealed; and
    
4. A concise statement of the reasons for appeal.

The appeal is heard at the next regularly scheduled meeting of tree committee following receipt of the notice of appeal. Decisions of the tree committee may be appealed to the hearing examiner by filing a notice of appeal with the director within fifteen days of the tree committee’s decision with a copy also filed with the City hearing examiner. Any appeal from the decision of the hearing examiner is by writ to the appropriate court. There is no right of stay of any order pending appeal unless allowed by the director, conditioned upon posting of a bond or other security or requirements as the director may order. An appealing party may request emergency review of a director’s denial or conditioning of any stay, pending appeal, by the chair of the tree committee. Consideration of such a request is at the chair’s sole discretion.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1