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<br /> <br /> <br /> <br /> <br /> <br /> commission. The Citv Council shall act on the appeal <br /> within thirty (30) aays from the date of the filing of <br /> the appeal. If the City Council fails to act within <br /> thirty (30) days, the appeal shall be automatically <br /> granted and the approval shall be granted per the <br /> original application. The City Council may affirm or <br /> reverse the determination of the commission and shall <br /> either adopt or modify the findings of fact of the <br /> cor.zmission, which findings may be reduced to writing or <br /> may be entered in the minutes. <br /> (c) A developer not wishing to comply with the <br /> requirements of Section 29z-8 may present his request <br /> for waiver to the Planning and Zoning Commission which <br /> shall recommend either granting or denial of the <br /> request to the City Council which shall make the final <br /> determination in such cases. <br /> Section 29;-9. Conflicts with departmental rules. <br /> In any case where engineering or design standards, <br /> departmental policies, or departmental rules establish <br /> conditions that cannot be met in a specific situation <br /> without removal of a protected tree, the City depart- <br /> mer_t or agency responsible for enforcing the standard, <br /> policy, or rule sha.ll, upon request of the Department <br /> of. Parks and Recreation, determine what specific <br /> adverse effec.t would result from waiver or modification <br /> of such standard, policy, or rule, or application <br /> thereof, to the extent necessary to save the tree. If <br /> the responsible department or agency determines that <br /> there is no serious and imminent adverse effect, the <br /> standard, policy, or rule may be modified or waived. <br /> Irreconcilable differences of opinion between the <br /> Department of Parks and Recreation and other City <br /> departments as to the seriousness of such adverse <br /> effects as may result from waiver or modification of <br /> the standard, policy or rule in question shall be <br /> resolved by the City Manager. All deterr.linations <br /> required to be made under this section, including the <br /> resolution of departmental conflicts by the City <br /> Manager, shall be made before the expiration of ten <br /> (10) working days from the date of the application for <br /> tree removal, in accordance with subsection 292-7 (a)." <br /> Section 2. Any person violating any of the pro- <br /> visions of this ordinance shall be guilty of a Class "C" <br /> Misdemeanor, and upon conviction shall be fined in any sum <br /> not to exceed $200.00, and each and every day's continuance <br /> of any violation of the above enumerated section shall <br /> constitute and be deemed a separate offense. <br /> Section 3. It is hereby declared to the the inten- <br /> tion of the City Council of the City of Paris that the <br /> sections, paragraphs, sentences, clauses and phrases of this <br /> ordinance are severable, and if any phrase, clause, sentence <br /> paragraph or section of this ordinance shall be declared <br /> unconstitutional or invalid by the valid judgment or decree <br /> of any court of competen.t jurisdiction, such unconstitu- tionality or invalidit_y sha.ll not affect any of the <br /> remaining phrases, clauses, sentences, paragraphs and <br /> section s of this ordinance, since the same would have been <br /> enacted by the City Council without the incorporation in <br /> this ordinance of any unconstitutional or invalid phrases, <br /> clauses, sentences, paragraphs or sections. <br /> Section 4. Twelve (12) months after the effective <br /> date of this ordinance, the Parks and Recreation Department <br /> shall conduct a review of the standards and procedures set <br />