(A) Right To Appeal: An "aggrieved person", as defined in section 8-17-4 of this chapter, may appeal a decision of the city arborist or tree committee, by filing a notice of appeal or request for hearing in writing with the city clerk no later than ten (10) days after the decision is issued. When such notice of appeal or request is received, proceedings before the council shall be on the record made below. A notice of appeal shall set out with particularity the decision or part thereof from which the appeal is being taken, and whether or not facts found by the city arborist or tree committee are disputed by appellant.
(B) Time Limits For Actions: The council shall hold a hearing on the appeal and the decision appealed within forty five (45) days of the request and shall follow the hearing procedures established in section 3.15.04 of this code except that such hearing shall not be a public hearing and testimony will only be allowed from staff, the appellant, and any experts or fact witnesses called by the city or the appellant. The council shall set the hearing on its agenda upon a date certain for the consideration of written and oral arguments; notice of such hearing shall be provided to appellant no later than fifteen (15) days before the hearing. Should appellant desire to file written arguments, appellant shall do so no later than five (5) days prior to the hearing.
(C) Stay Of Proceedings: An appeal hearing stays all proceedings in furtherance of the action appealed from unless, after the notice of appeal or request for hearing is filed, the council finds that by reason of the facts stated in the application, a stay would cause imminent peril to health, safety or property.
(D) Council Action: After the hearing has been held, the council may:
1. Grant or deny the appeal or the permit; or
2. Delay such decision for no longer than sixty (60) days after the hearing date for further study or hearing; provided, however, that the council must render a decision no later than sixty (60) days from the date of the hearing. (Ord. 853, 5-8-2008)