(A) Any person who, after hearing before the Tree Commission, disagrees with the determination of the Tree Commission’s decision as to any issue shall have a right to appeal to the Council of the village.
(B) Such appeal shall be perfected by delivering a written request for appeal to the Clerk of Council within ten business days of the date of the Tree Commission’s decision.
(C) Upon appeal, the Chairperson of the Tree Commission shall reduce to writing, the decision of the Tree Commission and file the same with the Clerk of Council within five business days of the perfection of the appeal.
(D) The matter will then be scheduled for a hearing before the Village Council at a regularly scheduled meeting. The Fiscal Officer shall cause notice of the date and time of the hearing to be sent to the property owner involved, the Village Administration and the Chairperson of the Tree Commission.
(E) After a hearing and opportunity to be heard by the interested parties, the Village Council shall vote on the question by motion. Said motion shall be substantially in the following form: “Moved, that the decision of the Tree Commission of the village shall be affirmed.”
(F) In order to affirm the actions of the Tree Commission, a majority vote is necessary. If the motion fails to pass by a majority vote, the decision of the Tree Commission shall be set aside and the Village Council shall then determine the issue before it on appeal. Such decision of the Village Council shall be final.
(G) In voting to affirm or overrule the decision of the Tree Commission, the Council shall be guided by the same principles as the Tree Commission and unless undue hardship is demonstrated, abuse of authority by the Commission is evident or evidence is presented that the Tree Commission exceeded its authority, the determination of the Tree Commission should be affirmed.
(Ord. 08-19, passed 9-23-2019)