Decisions of the Village Administrator relating to tree plans and compliance with tree plans may be appealed to the Village Tree Commission established pursuant to Chapter 278 of the Codified Ordinances of the Village of Lockland.
(a) Whenever the Village Administrator determines that there is a violation of a tree plan or the maintenance of trees pursuant to such tree plans, the Village Administrator shall give notice of such violation to the person responsible therefore and order compliance. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, refer to the section of the Codified Ordinances of the Village of Lockland that has been violated and order remedial action which, if taken, will affect compliance with the Code;
(3) Specify a reasonable time for performance and compliance;
(4) Advise the owner, operator or occupant of the right to appeal the order; and
(5) Be served upon the owner or occupant or his or her agent, in person, provided that such notice and order shall be deemed to be properly served upon such owner, occupant or agent if a copy thereof is sent by certified mail to his or her last known address and a copy is posted in a conspicuous place in or on the property affected.
(b) Any person affected by any notice of violation and order to comply or revocation or denial of a tree plan may request and be granted a hearing on the matter before the Village Tree Commission, provided that such person files in the office of the Village Administrator, a written petition requesting such hearing and setting forth the name, address and phone number of the petitioner and a brief statement of the grounds for such appeal or for the mitigation of any item appearing on any order issued by the Village Administrator relating to tree plans. The petition shall be filed within ten days after the date of the notice of order or the denial of approval of a tree plan. Upon receipt of such a petition, the Tree Commission shall set a time and place for a hearing before the Commission and shall give the petitioner written notice thereof. A hearing shall commence within a reasonable time, not to exceed 15 days after a petition has been filed. At such a hearing, the petitioner shall be given an opportunity to be heard and to show cause why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his or her representative to appear and state his or her case at such hearing shall have the same effect as if no petition were filed.
(c) After a hearing, the Tree Commission shall sustain, modify or withdraw any item appearing on the notice or order, by a majority vote, depending upon its findings as to whether or not the ordinances of the village relating to trees have been complied with. The petitioner and the Village Administrator shall be notified, in writing, of such findings.
(d) The proceedings at such hearing, including the findings and decisions of the Tree Commission and reasons therefore, shall be summarized and reduced to writing and entered as a matter of public record in the records of the village and maintained in the office of the Village Administrator. Such records shall include a copy of every notice and order issued in connection with the matter.
(Ord. 98-49, passed 12-7-1998)