(A) Establishment: The Carthage Tree Board (hereinafter "Tree Board") is hereby established. Its functions and duties are limited to those set forth in this section 8-3-2.
(B) Composition: The Tree Board shall consist of a minimum of five (5) members who shall all be residents and citizens of the City. All members of the Tree Board shall be appointed by the Mayor with the advice and consent of the City Council. Members of the Tree Board shall serve without compensation.
(C) Appointment Of Members: One of the five (5) members initially appointed to the Tree Board shall serve for a term of one year; two (2) of the five (5) members initially appointed shall serve for a term of three (3) years. The Mayor shall designate the initial term of each member at the time of his or her appointment. Thereafter the members of the Tree Board shall be appointed for a three-year term. Terms shall start on a common date. The Mayor shall designate the Chairperson of the Tree Board. Members shall be eligible to succeed themselves.
(D) Expiration Or Vacation Of Term: Within thirty (30) days following the expiration of the term of any member, a successor shall be appointed by the Mayor with the advice and consent of the City Council. Should a vacancy occur in any position on the Tree Board, a successor shall be appointed by the Mayor with the advice and consent of the City Council. A member of the Tree Board may be removed by the Mayor with the approval of the City Council.
(E) Duties: The Tree Board shall perform the following duties:
1. Within a reasonable time after the appointment of the Tree Board, upon call of its Chairperson, the Tree Board shall meet and adopt rules of procedure for regular and special meetings to fulfill the duties imposed upon it under this section 8-3-2.
2. The Tree Board shall advise the City Council on any matters pertaining to this section 8-3-2 and its enforcement. The Tree Board shall be responsible for making recommendations to the City Council for all City regulations concerning trees, including but not limited to the following:
(a) Development, alteration and revision of the Arboriculture Specifications Manual; and
(b) Development, alteration and revision of an urban forestry plan for the City; and
(c) Recommendation for amendments to this section 8-3-2 and for enactment of additional ordinances concerning trees; and
(d) Establishment of policy concerning selection, planting, maintenance and removal of trees; and
(e) Establishment of educational and informational programs.
3. The Tree Board, upon request of any person who disagrees with the decision of the Enforcement Officer, shall hear all issues of the disputes which arise between the Enforcement Officer and any such person. Whenever these issues involve matters of the interpretation or enforcement of the Arboriculture Specifications Manual, the Urban Forestry Plan, or of the interpretation or enforcement of this section 8-3-2, including disputes regarding the issues of permits, or the concurrence or nonconcurrence of the Enforcement Officer in permits required under other ordinances or laws, or the abatement of nuisances, the decision of a majority of the members of the Tree Board shall be binding on the Enforcement Officer. Nothing in this section shall be construed to limit the jurisdiction of any court with respect to such disputes. (Ord. 2014-12, 1-13-2015)