ATTACHMENT 1
1 RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK DENYING AN APPEAL OF THE PERMIT
APPEALS PANEL’S DECISION TO UPHOLD A FINE DUE
TO VIOLATION OF BURBANK MUNICIPAL CODE SECTION
7-4-104 ILLEGAL PRUNING OF CITY TREE AT 1083 E.
HARVARD ROAD, BURBANK 91501 SUBMITTED BY
MARINE BEZHANYAN
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. The Parks and Recreation Department issued a fine to Marine Bezhanyan (“Appellant”) for the illegal pruning of a City -owned tree located adjacent to the Appellant’s property at 1083 E. Harvard Road, Burbank, California 91501, in violation of Burbank Municipal Code (BMC) Section 7-4-104(C).
B. The Appellant exercised her right to appeal the fine to the Permit Appeals Panel, which conducted a formal hearing on the matter. Following the hearing, the Panel upheld the Parks and Recreation Department’s decision based on testimony from witnesses, including Appellant and City staff, certified arborist evaluations, and documentary evidence, including photographic comparisons and service request records, but reduced the fine.
C. The Appellant subsequently filed a timely appeal to the City Council, raising concerns regarding credibility of testimony, sufficiency of evidence, procedural due process, and alleged retaliatory intent.
D. On July 15, 2025, the City Council held a duly noticed public hearing to independently reexamine the matter as required under BMC 2-1-1517. The Appellant and City staff were provided an opportunity to present oral and written arguments and evidence.
E. At the conclusion of Appellant and staff’s presentation and the public comment period, City Council found that the Department’s decision to fine the Appellant for illegal pruning or trimming a tree in violation of BMC 7- 4-104 was supported by substantial evidence and that the fine was issued in accordance with applicable municipal code provisions and standard City procedures. The Council further determined that due process was afforded to the Appellant, and no compelling evidence was presented by the Appellant to support claims of retaliation, bias, or improper conduct.
F. The City Council upheld the fine as reduced by the Permit Appeals Panel to $9,600, covering only the value of the tree.
G. The decision to impose the fine is consistent with the City’s duty to maintain and protect public trees, and the enforcement of BMC § 7-4-104 is necessary to preserve
ATTACHMENT 1
2 the health and safety of the City’s urban forest.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The appeal submitted by Marine Bezhanyan is hereby DENIED.
2. The decision of the Permit Appeals Panel to uphold the fine issued for the illegal pruning of a City tree in violation of Burbank Municipal Code Section 7- 4-104 is AFFIRMED, including the reduction of the fine to $9,600 as determined by the Panel.
3. The Council’s decision shall be final and conclusive, and no further administrative appeal shall be available.
APPROVED and ADOPTED this _____day of ______________, 20_______.
__________________________
Nikki Perez
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Jina Oh
Chief Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the day of ______ 2025, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk