REPORT TO COUNCIL
SUBJECT
Title
Action to Waive First Reading and Introduce an Ordinance Amending Chapter 12.35 ("Trees and Shrubs") of Title 12 ("Streets, Sidewalks and Public Places") of "The Code of the City of Santa Clara, California" to Modify the Process for Violation Appeals
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure, and Promote Sustainability and Environmental Protection
BACKGROUND
Chapter 12.35 entitled "Trees and Shrubs" of "The Code of the City of Santa Clara, California" ("SCCC") regulates trees in the City. Chapter 12.35 was updated in 2021 (Ordinance No. 2036) to bolster the protection of existing trees and support planting new trees to preserve the City's urban forest.
When Chapter 12.35 was drafted it delegated the City Manager the authority to require an administrative hearing for any violations of the chapter and required all violation appeals be heard by the City Council. However, such requirements are not consistent with the standard rules governing appeals of city code violations. Typically, when a code violation takes place and an administrative citation is issued, the person receiving the citation decides whether to request an administrative hearing before an administrative law officer. Such appeals are not ordinarily heard by the Council.
The Department of Public Works staff has coordinated with the City Attorney's Office to update Chapter 12.35 to conform to the City's existing appeal procedures.
DISCUSSION
This proposed amendment to Chapter 12.35 includes eliminating the requirement that appeals based on Chapter 12.35 be heard by the City Council. Instead, such appeals will be heard by an administrative law officer in accordance with SCCC 1.10. In addition, the proposed amendment would clarify that the burden is on the person receiving a citation to request an appeal.
ENVIRONMENTAL REVIEW
This action being considered does not constitute a "project" within the meaning of the C...
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