14.40.350   Failure of commission to act on permit - Action by council.
   Notwithstanding other provisions of this code to the contrary, when the director or some other authorized officer of the public works department, makes application under the provisions of this chapter for the removal of trees or shrubs for the purpose of making way for public works, that application shall be brought before the commission at its next regular meeting following the making of such application. The commission may either authorize and direct the granting of such permit as applied for (including the imposition of waiving of conditions as requested in the application) or the commission may make its recommendations concerning such application and cause the same to be transmitted to the city council. The city council shall consider such application and such recommendations of the commission at its next regular meeting. The city council shall thereafter take such action as it deems appropriate. If the commission shall fail within thirty-five days after its first regular meeting following the making of the application to either grant such permit or make its recommendations and transmit them to the city council, then the city council may deem such failure as a recommendation of denial and may proceed to act upon such application as it deems appropriate. No determination or order made by the commission under this section shall be appealable.
(Prior code § 23.63 (Ord. 852 §3, Ord. 2364 §173), Ord. 2439 §96)