(A) Establishment. The City Tree Commission (hereinafter “Tree Commission”) is hereby established. Its functions and duties are limited to those set forth in this subchapter, and as set forth in any other duly enacted ordinance. Nothing in this subchapter shall be construed as vesting legislative discretion or power in the Tree Commission.
(B) Composition.
(1) The Tree Commission shall be composed of seven Commissioners. Five Commissioners shall be appointed by the Mayor with the approval of the Council. These five Commissioners shall serve without pay and shall be either:
(a) Residents of the city;
(b) Own real estate therein; or
(c) Own or work for a business located therein.
(2) The remaining two Commissioners shall be ex officio and shall not vote. The two ex officio Commissioners shall be the Director of Parks and Recreation, or his or her designee, and an employee of the Forestry Division. Subject to the exceptions in division (C) below, each Commissioner of the Tree Commission shall serve for a term of three years.
(C) Appointment of members. One of the five Commissioners initially appointed to the Tree Commission who are not ex officio members shall serve for a term of one year; two of the five Commissioners initially appointed shall serve for a term of two years; and, two of the five Commissioners initially appointed shall serve for a term of three years. Determination of the terms of the five Commissioners initially appointed shall be by lot. A chairperson of the Tree Commission shall be elected from its members to preside over meetings.
(D) Expiration or vacation of terms. Within 30 days following the expiration of the term of an appointed Commissioner, a successor shall be appointed by the Mayor with the approval of the Council, and the successor shall serve for a term of three years. Should any Commissioner resign or be removed from the Tree Commission, a successor shall be appointed by the Mayor and shall serve for the unexpired period of the vacated term.
(E) Duties. The Tree Commission shall perform the following duties.
(1) Within a reasonable time after the appointment of the Tree Commission, they shall meet and adopt rules of procedure for whatever regular and special meetings are deemed by the Tree Commission to be advisable and necessary to the fulfillment of the duties imposed upon it by this subchapter.
(2) The Tree Commission shall advise and consult the Forestry Division on any matter pertaining to this subchapter and to its enforcement. The topics under which this advice and consultation may be given may include but are not limited to any of the following:
(a) Amendments to this subchapter, and alterations or revisions to the Arboricultural Specifications Manual;
(b) Policy concerning selection, planting, maintenance and removal of trees, shrubs and other plants within the city;
(c) Establishment of educational and informational programs whereby the public may be notified of any matters pertaining to this subchapter and to the Arboricultural Specifications Manual;
(d) Development of policies and procedures regarding the Forestry Division;
(e) Issuance of permits required by this subchapter; and
(f) Development of a program for optimizing the tree, shrub and other plant resources within the city.
(3) The Tree Commission, upon the request of any person who disagrees with the decision of the Forestry Division, shall hear all issues of the disputes which arise between the City’s Forestry Division and the person whenever those issues involve matters of the interpretation of the Arboricultural Specifications Manual or of the interpretation or enforcement of this subchapter, including disputes regarding the issuance of permits, or the concurrence or nonconcurrence of the Forestry Division in permits required under other ordinances or laws, or the abatement of nuisances. The decision of a majority of the appointed members of the Tree Commission with regard to the dispute shall be binding upon the Forestry Division. Nothing in this section shall be construed to limit the jurisdiction of any court of law with respect to the disputes.
(1990 Code, § 25-44) (Ord. 62-672, passed 10-1-1962; Ord. 94-1576, passed 5-2-1994; Ord. 17-3538, passed 2-6-2017; Ord. 17-3539, passed 2-20-2017; Ord. 22-3666, passed 3-21-2022)