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W. <br />CITY OF N0?"$ OLMSTED <br />ORDINANCE N'f3`: 85-126 <br />" PAGE THREE <br />to burn when such fire or the heat thereof will injure <br />any portion of any public tree. <br />Section 950.05. Appeals. <br />Any person affected by any order or decision of the <br />City Forester pursuant to this Chapter may request and shall <br />be granted a hearing before the Service Director. Said <br />Appeal shall be requested in writing within 10 days of the <br />date of ruling. The Service Director shall have the power <br />to reverse or affirm in whole or in part, or modify such rule <br />or regulation when, upon appeal, it clearly appears: <br />l. That the order or decision is not consistent <br />with the provision of this ordinance; or <br />2. That by reason of special condition, undue <br />hardship shall result from a literal application <br />of said rules and regulations. <br />Section 950.06. Violation and Penalt <br />Any person violating or failing to comply with any of <br />the provisions of this Ordinance shall be guilty of a <br />misdemeanor and upon conviction thereof shall be fined <br />a sum no less than Fifty Dollars ($50.00), nor more than <br />Five Thousand Dollars ($5,000.00). This fine shall <br />reflect the damage done by person convicted. Such fines <br />shall be paid into a fund established by the c?.irector <br />of Finance for that purpose and used solely for the <br />purpose of 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 <br />and for the further reason that it is immediately necessary to enace 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: Xtg? 19, /J`r.5- <br />ATTEST: <br />FLORENCE E. CAMPBELL, ERK OF COUNCIL <br />7 aP n: 0 Y'. ? JS .5 <br />o ?„? !, <br />ROBERT W. SWIETYNIOWSKI, YO <br />AMES D. BOEHMER, PRESIDENT OF COUNCIL <br />First reading: <br />Second reading: <br />Third reading: