Article VI — Appeals

Any decision made by the Director under the provisions of this chapter may be appealed to the Planning Commission by any interested person. The appeal must be filed in writing with the secretary of the Planning Commission within 10 days of the decision. The written appeal shall state all facts and each ground upon which the appeal is based and shall be signed by the applicant. The Planning Commission shall hold a noticed public hearing before making a decision on the appeal. An appeal of the Planning Commission decision may be made to the City Council by any interested person by filing the appeal in writing with the City Clerk within 10 days of the Planning Commission's decision. (Ord. 2858 § 1, 1990)

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City of Santa Rosa, CA § 17-24.100

ENVIRONMENTAL PROTECTION

Every person who violates any provision of this chapter is guilty of a misdemeanor. (Ord. 2858 § 1, 1990; Ord. 3238 § 28 (d), 1996)

A violation of any provision of this chapter is subject to Chapter 1-28 of the City Code. (Ord. 2858 § 1, 1990; Ord. 3699 § 2, 2005)

In addition to all other actions and remedies, civil or penal, authorized by law, the City Attorney is authorized to file an action in court seeking injunctive relief to enjoin a violation of any provision of this chapter or to prevent a threat-ened violation of any provision of this chapter. The injunctive relief sought in any such action may be prohibitory, mandatory, or both. (Ord. 2858 § 1, 1990)

In lieu of prosecution under Section 17-24.110, any person who alters, removes, or relocates a tree, or who permits or causes to be altered, removed or relocated any tree in violation of any provision of this chapter, may petition the Director for permission to replace each tree so altered, removed, or relocated, with four replacement trees for each six inches or fraction thereof of the diameter of each tree which was altered, removed or relocated without a permit, each of the same genus and species, each of a minimum 15-gallon container size, to be planted on the property on which the violation was committed. If approved by the City Attorney, the Director may grant the petition, with or without conditions, if he finds that the proposed replacement trees will substantially restore the property environmentally to a condition equal to its condition prior to the violation. Each such replacement tree shall be deemed and considered a "protected tree" under the provisions of this chapter. The conditions imposed by the Director may include requirements for security to insure the tree's successful establishment and proper care for a stated period of time. The Director may also authorize the planting of a lesser number of larger trees or a larger number of smaller trees than specified if he finds that either adjustment will be more beneficial to the permanency of all trees on the property. (Ord. 2858 § 1, 1990; Ord. 3699 § 3, 2005)

The owner or occupant of any property on which a violation of the provisions of this chapter was committed, if such violation was committed by the owner or a lawful occupant thereof, or committed with the permission or consent of either such person, shall be denied, for a period of two years from the date of the City's discovery of such violation, any approval or permit which otherwise might have been issued by the City for the development or further improvement of such property. Prohibited approvals or permits shall include, but not be limited to, conditional use permits, variances, and building or demolition permits. The provisions of this section shall not apply to any approval or permit which is needed or required to maintain the health or safety of those occupying existing improvements on the property. If the violation has been established

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City of Santa Rosa, CA § 17-24.140

SANTA ROSA CODE

§ 17-24.140

by the final judgment of a court, the Director shall, by appropriate notice to the owner of the property and the pertinent City departments and agencies, implement the provisions of this section. If an alleged violation of this chapter has not been the subject of a court proceeding, the Director, in his or her discretion, may hold a hearing on the alleged violation, giving the property owner reasonable advanced notice thereof and a summary of the facts which indicate a violation has occurred, which notice and summary shall meet any procedural due process requirements that are determined to be applicable. Following the hearing at which the owner shall be allowed to present testimony, argument and evidence and to refute the evidence presented by the City, the Director, based on the evidence presented at the hearing, shall determine in writing whether a violation of this chapter occurred on the property involved, and if so, whether it was committed by the property owner or a lawful occupant of the property, or with the permission or consent of either such person. A copy of the Director's determination shall be immediately mailed or delivered to the property owner. If the Director determines such a violation was committed by the owner or such occupant or with the permission or consent of either, he or she shall implement the provisions of this section by notice as set forth above. Notice of a violation of a provision of this chapter may be recorded in the office of the County Recorder to implement the provisions of this section.

(Ord. 2858 § 1, 1990)

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City of Santa Rosa, CA § 17-28.010

ENVIRONMENTAL PROTECTION