18.45.140 Appeals.
(1) Minor Tree Removal Permits (Type I Decision). Minor tree removal permits are Type I decisions with no administrative appeal as specified in Chapter 14.30 CMC.
(2) Major Tree Clearing Permits (Type II Decision). Major tree clearing permits are Type II decisions and may be appealed to the Hearing Examiner as specified in Chapters 2.25 and 14.45 CMC.
(3) Appeal of Director Interpretation and Determination of this Chapter. The Director determination or interpretation while administering or enforcing any and all provisions of this chapter, including issuance, conditioning or denial of any permit, or tree preservation plan, or tree enhancement plan, may be appealed to the City Hearing Examiner in accordance with Chapters 2.25 and 14.45 CMC.
(4) Hearing Examiner Modification of Director Decision. The City Hearing Examiner may modify or amend the Director determination or interpretation based on the following criteria:
(a) Whether the violation involved tree removal for monetary gain;
(b) Whether the appellant has previously violated or intentionally violated provisions of this chapter;
(c) Whether the Director determination or interpretation substantially exceeds or understates the actual intent and purpose of this chapter; or
(d) Whether the violation was intended or was in reckless disregard of provisions of this chapter.
(5) Appeals of Penalties Issued Pursuant to CMC 18.45.130. Appeals of any penalties issued pursuant to this chapter shall be made and processed in accordance with the provisions set forth in Chapter 1.30 CMC. (Ord. 02-21 § 2 (Exh. A); Ord. 05-20 § 2 (Exh. A); Ord. 02-09 § 12; Ord. 04-08 § 2)