Ventura Municipal Code § 20.150.260 Permit appeals

It is unlawful for any person to plant, prune, deface, destroy, or remove or in any manner injure any tree or shrub on any street in the city without first obtaining a permit from the parks manager to do so. Whenever a tree is removed or destroyed pursuant to any tree permit, it will be unlawful for the permittee to fail, refuse, or neglect to plant another tree of the kind and size specified in the permit to replace the one destroyed or removed, within 40 days after the permit was issued. (Ord. No. 2000-23, § 3, 9-18-00)

The parks manager may condition a tree permit on the following:

A. That the permittee plant another tree in the place of the one removed or destroyed.

B. That a particular species of tree, as determined by the city’s approved street tree list, be used as a replacement. The parks manager will select the species of tree that may be planted.

C. That the permittee enter into a hold harmless agreement with the city which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from the permittee’s activities in a form approved by the city attorney. (Ord. No. 2000-23, § 3, 9-18-00)

No person will move any building or other object along any street in such manner that trees or shrubs on any such street will be injured without first obtaining a permit therefor from the parks manager. If deemed advisable, the parks manager may require any person moving a building or other object into or along a street in this city to furnish a bond in an amount sufficient to cover the damage to or destruction of trees or shrubs on any street. (Ord. No. 2000-23, § 3, 9-18-00)

No improvement will be installed or earth removed which may affect the root system of a street tree, if such improvement or earth removal is to be within six feet of such street tree, without first obtaining a written permit of approval from the parks manager for work to proceed. (Ord. No. 2000-23, § 3, 9-18-00)

The parks manager, subject to the approval of the city council, will establish a rate of charges to be made for the obtaining of permits under this article and payment will be made for same at time of issuance. The charges to be made for a permit are to merely cover costs of investigation, supervision or inspection and may be reestablished periodically. (Ord. No. 2000-23, § 3, 9-18-00)

Any person who does not agree with the denial of their request for a permit under Section 20.150.210 shall have the right to appeal as follows:

A. The appeal must be in writing, legible, and received by the parks manager within 15 calendar days of the issuance of the denial of the request for a permit. The written request shall include:

1. A description of the factual and legal basis for the appeal; and

2. Evidence supporting the appeal; and

3. A suggestion for resolution of the dispute, if any.

B. Upon receipt of the written appeal, the matter shall be set for a hearing before the tree advisory board. The matter shall be heard de novo and the hearing shall be conducted pursuant to the procedures set forth by the city.

C. The parks manager shall set a time and place for the appeal hearing and shall notify the appellant, in writing, of such date and time, not later than 10 working days before the date of the scheduled appeal hearing. The appeal hearing shall be conducted within 60 days of the filing of the appeal.

D. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. Either party may present witnesses or documents in support of their position.

E. The tree advisory board shall notify the appellant of its decision, in writing, within 10 working days of the appeal hearing. The tree advisory board’s decision shall be final. (Ord. No. 2020-001, § 2, 1-13-20)