a. Any interested person may petition the City Council, as provided below, to obtain an exemption from this Chapter for a variety or cultivar of a listed non-native, invasive aquatic plant that has been scientifically proven to be noninvasive.
b. The interested person shall complete the appropriate form supplied by the City Clerk’s office, entitled “Petition For Exemption”. The petition will not be considered if any portion of the form is left blank or incomplete. If the City Council needs additional information, the interested person will be notified within fifteen (15) days of submission of the petition.
c. After review of the petition and further research, as needed, the City Council will make a determination as to the claim of non-viability. The petitioner will be notified of this decision no later than forty-five (45) days after the initial submission date of the petition. If additional information is requested by the City Council, then the decision will be rendered no more than thirty (30) days after receipt of all requested information.
d. A written copy of the City Council’s decision will be provided to the petitioner upon its issuance. The decision will declare if the petition was accepted or rejected. In either case, the reasoning for the decision will also be given. If the decision requires the amendment of this Chapter, the City Council will implement the necessary actions to effect such change.
e. The decision of the City Council is final. If the petitioner feels that the decision rendered by the City Council is incorrect, he/she may file a second petition, attaching to it any new data or information that was previously overlooked or otherwise unavailable for consideration. The time frames listed in paragraphs b. and c. above apply to this second petition. This second petition shall represent the final attempt to obtain an exemption from this Chapter for the variety or cultivar listed. The procedure listed in paragraph d. above will also apply to a second petition. (Ord. #2007-128)