A. Permitted; Procedure: Appeal may be made to the shade tree commission by the city or any person aggrieved by a final decision, determination, or requirement of the urban forester made under the provisions of this chapter. All appeals shall be made as follows:
1. Filing; Fee: The appeal shall be made within fifteen (15) days of the action or decision being appealed from by filing a written notice of appeal, along with a designated fee, with the urban forester and the shade tree commission;
2. Statement Of Grounds For Appeal: The notice of appeal shall specify, in detail, the action and grounds upon which the applicant or other interested parties deem themselves aggrieved. A notice which fails to specify grounds for appeal may be summarily dismissed by the commission with or without prejudice;
3. Records Transmitted: All papers constituting the record upon which the action being appealed is based shall be transmitted to the shade tree commission;
4. Hearing; Notice; Decision: The shade tree commission shall set the appeal for hearing to be held within a reasonable time from the date the appeal is received. Public notice of the appeal hearing shall be given as required by law and according to policies adopted by the commission. Written notice of the date set for hearing shall be mailed to the appellant at least seven (7) days prior to the hearing. An applicant may appear in person or may be represented by an attorney or other authorized agent at any meeting of the commission. Written authorization shall be required for an agent. After hearing the appeal, the commission may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from. An affirmative vote of four (4) members of the commission shall decide any matter under consideration;
5. Stay Of Proceedings: The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the commission. Said stay shall exist unless the urban forester certifies to the commission, after the notice of appeal has been filed, that by reason of facts stated in the notice, the stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed except by restraining order granted by the district court on application, notice and due cause shown;
B. Further Appeal To City Council: Any person adversely affected by any final decision of the shade tree commission in the administration of this chapter may appeal such decision to the city council in accordance with the provisions set forth in section 11-4-090 of this title. (Ord. 2009-50, 10-6-2009)