Ordinance No. 19400 - Laserfiche WebLink

Home Browse Search

posed Sal ar Access Guarantee or make a deci si on consi st- ent with applicable criteria. b. Unless the applicant and appellant agree to a longer period, an appeal shall be considered at a hear- ing at which an opportunity is given for oral arguments on the appeal within 15 days of its receipt. At least ten days prior to the hearing, the city manager shat 1 mai 1 notice thereof to the app? i cant, appellant, affect- ed parties, and persons who requested a copy of the city managerfs decision. c, within ten days of the hearing, unless the applicant and appellant agree to a longer period, the hearings off i c7 al shall render a deci si on and mai 1 a copy thereof to the applicant, appellant, and parties who have requested a copy, The hearings official ' s deci ~- sion is final. ~ e } Recordation. ~fi thi n 30 days of approval of the Solar Access Guarantee, the Guarantee holder shall: 1. Record with the county clerk, the Solar Access Guar- antee permit and any information required for filing under state law. ~. Send a noti ce to each affected party that the Solar Access Guarantee has been granted and recorded and that it will impose certain obligations to trim nan~-exempt vegetation in the future. The form and contents of the notice shall be specified by the city manager. 3. Submit copies of all filings and notices to the plan- ning department. Fai 1 ure to complete the above requirements within 30 days of approval may allow the city manager to rescind that approval. ~7} Effect and Enforcement. a The effects ve date of the Solar Access Guarantee i s the date that the city accepts a complete application. The owner of an affected lot shall not allow any post-application non-solar friendly vegetation to grow i n a manner that shades a sol ar energy system or the protected area of the l of beyond that al 1 owed i n section 8.575 ~2 } after receiving notice of a pendi ng Solar Access Guarantee application or after issuance of the Guarantee. ~ b} I n the event that such non-soi ar friendly vegetation on a nei ghbori ng property i s shadi ng a sol ar energy system or a pro- tected area of a 1 of i n vi vlati on of an issued Solar Access Guar- tee, the Guarantee holder shall give written notice of the viola- tion to the owner and occupants of the property where the shading vegetation i s l acated. T f the property owner ar occupant fail s to remove or trim the shading vegetation within 30 calendar days after receiving the nati ce, the city andlor guarantee holder may commence legal proceedings to enforce the easement created by the Solar Access Guarantee and obtain appropriate legal and equitable remedies. ~ c} The Solar Access Guarantee holder ~ the original permi t recipient or his ar her successor-in-interest} and any affected party may enter into an agreement to submit disagreements as to the scope of the Solar Access Guarantee to binding arbitration before the city hearings official . Such arbitration proceeding s Ordinance - Z9