A. Establishment: The Inverness Tree Commission (hereinafter "Tree Commission") is hereby established. Its functions and duties are limited to those set forth in this Chapter.
B. Composition: The Tree Commission shall be composed of eight (8) Commissioners. Five (5) Commissioners shall be appointed by the Village President with the approval of the Board of Trustees. These five (5) Commissioners shall serve without pay and shall reside within the Village. The remaining three (3) Commissioners shall be ex officio and shall not vote. For example, the three (3) ex officio Commissioners shall be: the Village President, Village Administrator, Chairman of the Plan Commission, and the Arborist. Subject to the exceptions in subsection C immediately below, each Commissioner of the Tree Commission shall serve for a term of three (3) years.
C. Appointment of Members: One of the five (5) Commissioners initially appointed to the Tree Commission, who is not an ex officio member, shall serve for a term of one year; two (2) of the five (5) Commissioners initially appointed shall serve for a term of two (2) years; and, two (2) of the five (5) Commissioners initially appointed shall serve for a term of three (3) years. All terms shall start on a common date. Determination of the length of terms of the five (5) Commissioners initially appointed shall be by lot. The Village President shall designate the Chairperson of the Tree Commission.
D. Expiration or Vacation of Terms: Within thirty (30) days following the expiration of the term of any appointed Commissioner, a successor shall be appointed by the Village President with the approval of the Board of Trustees, and the successor shall serve for a term of three (3) years. Should any Commissioner resign or be removed from the Tree Commission, a successor shall be appointed by the Village President and shall serve for the unexpired period of the vacated term. A member of the Tree Commission may be removed by the Village President with the approval of a majority of Board of Trustees.
E. Duties: The Tree Commission shall perform the following duties:
1. Within a reasonable time after the appointment of the Tree Commission, upon call of the Chairperson of the Tree Commission, the Tree Commission shall meet and adopt rules of procedure for regular and special meetings to fulfill the duties imposed upon it by this Chapter.
2. The Tree Commission shall advise and consult the Arborist on any matter pertaining to the Inverness Tree Ordinance and 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 the Inverness Tree Ordinance, and alterations or revisions to the Arboricultural Specifications Manual, and alterations or revisions of the Urban Forestry Plan;
b. Policies concerning selection, planting, maintenance, and removal of trees, shrubs, and other plants within the Village;
c. Allocation of funds to the Arbor Division, and expenditures of funds by the Arbor Division;
d. Establishment of educational and informational programs;
e. Development of policies and procedures regarding the Arborist's duties;
f. Issuance of permits required by this Chapter;
3. The Tree Commission, upon the request of any person who disagrees with the decision of the Arborist, shall hear all issues of the disputes which arise between the Village Arborist and any such person whenever those issues involve matters or the interpretation or enforcement of the Arboricultural Specifications Manual, the Urban Forest Plan, or of the interpretation or enforcement of this Chapter, including disputes regarding the issuance of permits, or the concurrence or nonconcurrence of the Arborist in permits required under other ordinance or laws, or the abatement of nuisances. The decision of a majority of the appointed members of the Tree Commission with regard to such dispute shall be binding upon the Arborist. Nothing in this Section shall be construed to limit the jurisdiction of any Court of Law with respect to such disputes.