(A) Any person who violates any provision of this chapter shall be notified by the City Manager or his or her designee of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation, the measures required to comply with this chapter, if compliance is at all practicable, and a reasonable time period within which compliance must be made.
(B) If any aggrieved person disagrees with a decision of the Public Works Director, such person may request a hearing within ten working days of receipt of the notice of violation. The request must be in writing and directed to the Tree Commission’s Secretary. The Tree Commission’s Secretary shall then forward the request to the Board of Adjustment, hereinafter “Appeals Board”. In considering whether to consider a complaint, the Board of Adjustment shall proceed in the same manner as the City Council when considering conditional use permit applications.
(C) The Board of Adjustment may modify amend or revise the decision being appealed. The decision of the Appeals Board shall be served upon the appealing party by registered or certified mail, return receipt requested, or by hand delivery.
(D) If any aggrieved party is dissatisfied with the decision of the Appeals Board, an appeal may be taken to the county’s Superior Court. Notice of the appeal must be filed within 30 working days of receipt of the Appeals Board’s decision. The parties may stipulate that the appeal to the county’s Superior Court shall be a review of the record only, as in the nature of a writ of certiorari.
(E) Any aggrieved party may request an injunction to preserve the status quo during the pendency of any appeal in accordance with applicable state law.
(Ord. 08116, passed 11-24-2008)