(A) Generally. The Parks and Trees Commission shall serve as the appeals board for the administration of this chapter.
(B) Notice. Any party affected by a determination or decision of the Urban Forester or the Commission under the terms of this chapter shall be entitled to appeal such decision to the Parks and Trees Commission in their capacity as the appeals board. Requests for an appeal shall be sent to the Parks and Trees Commission at least ten days prior to a regularly scheduled meeting of the Commission.
(C) Open hearing. All hearings before the Commission shall be open to the public. The appellant, the appellant's representative, the Urban Forester, and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two- thirds of the appeals board's membership.
(D) Postponed hearing. When the full Commission is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
(E) Decision. The Commission shall modify or reverse any decision made under this chapter only by a concurring vote of a majority of the Commission. Absent a majority decision of the Commission to modify or reverse the decision, the original determination shall stand. The appellant shall be notified of the Commission's decision within 24 hours of any determination being made by the Commission. Thereafter, the decision of the Commission shall be filed in the office of the City Clerk.
(F) Further review. Any person whose interests are directly or materially affected by the decision, whether or not a previous party of the appeal, shall have the right to appeal the appeals board's decision to the Court of Common Pleas for Kershaw County. Such Court shall first decide if such person has alleged sufficient facts to support a claim of legal standing to pursue the appeal, and if so, shall proceed to hear the appeal then, or at such later time as may be convenient to said Court. The filing and service of an application for review shall be made in the manner and time required by law following the filing of the decision in the office of the City Clerk.
(Ord. 13-016, passed 8-13-13)