§ 12.40.050. Procedure—City trees.

A.

Claim Filing. A claimant who believes in good faith that a tree situated on city property poses a threat to human safety or to the well-being of the claimant's property may submit a hazardous tree claim to the Office of Parks and Recreation (1520 Lakeside Drive, Oakland 94612).

B.

Investigation. Upon receipt of a hazardous tree claim, the Office of Parks and Recreation shall investigate the claim according to the standards set forth in Section 12.40.030, and shall issue written findings to the claimant within twenty (20) working days of receiving the claim.

C.

Corrective Action. All hazardous tree claims found by the city to be valid shall be subject to corrective action in accordance with Section 12.40.030. Such actions shall be performed by the city.

D.

Appeals. A claimant may appeal to the City Council any decision of the Office of Parks and Recreation granting or denying a hazardous tree claim. The appeal shall be filed within five working days of receipt of written findings from the Office of Parks and Recreation, and shall be made on a form prescribed by and filed with the Office of the City Clerk.

The appeal shall state specifically wherein it is claimed there was either error or abuse of discretion by the Office of Parks and Recreation, or wherein the Office of Parks and Recreation's decision is not supported by the evidence on the record.

Upon receipt of such an appeal, the Office of the City Clerk shall set the time for consideration thereof. The Office of the City Clerk shall notify the Office of Parks and Recreation of the receipt of said appeal and of the time set for consideration thereof. The Office of the City Clerk shall, not less than five days prior to the date set for the appeal hearing, give written notice to the appellant and any known adverse parties, or their representatives, of the time and place of the hearing.

In considering the appeal, the Council shall determine whether the proposed corrective actions conform to the applicable criteria. It may sustain the decision of the Office of Parks and Recreation, or require such changes or impose such reasonable conditions of approval as are, in its judgment, necessary to insure conformity with said criteria. The decision of the Council shall be final.

The appellant shall pay the filing fee established by the city's master fee schedule for the filing of hazardous tree appeals.

(Prior code § 7-10.42)