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? F <br />hearing before the Service Director. Said appeal shall be <br />requested in writing within ten (10) days of the date of ruling. <br />The Service Director shall have the power to reverse or affirm in <br />whole or in part, or modify such order or decision when, upon <br />apeal, it clearly appears: <br />l. That the order or decision is not consistent with the <br />provisions of this ordinance; or <br />2. That by reason of special condition, undue harship shall <br />result from a literal application of the provision of this <br />ordinance. decision. <br />Section 950.06. Violation and Penalt <br />Any person violating or failing to comply with any of the <br />provisions of this Ordinance shall be guilty of a misdemeanor and <br />upon conviction thereof shall be fined a sum no less than Fifty <br />Dollars ($50.00), nor more than Five Thousand Dollars ($5,000.00). <br />This fine shall reflect the damage done by person convicted. Such <br />fines shall be paid into a fund established by the Director of <br />Finance for that purpose and used solely for the purpose of <br />enhancing the urban forest. <br />SECTION 2: That this Ordinance is hereby declared to be an emergency <br />necessary for the preservation of the public health, safety and welfare and <br />for the further reason that it is immediately necessary to enact this <br />legislation to protect and promote the growth and health of North Olmsted's <br />trees, and further provided it receives the affirmative vote of two-thirds <br />of all members of Council, it shall take effect and be in force immediately <br />upon its passage and approval of the Mayor. <br />PASSED: -2 <br />ATTEST; <br />UWAXNE R. QERPEL, <br />PRESIDEN`.C OF COUNCIT. <br />First reading: <br />Second reading <br />Third readinR <br />5 <br />? <br />LORENCE E. CAMPBELL, C K OF COUNCIL