(A) Right of appeal. Any owner or person who is aggrieved or affected by an order, ruling, decision or interpretation of any enforcing officer regarding matters as herein within the jurisdiction of the Tree Commission may appeal an order, ruling, decision or interpretation as herein provided.
(B) Initiation of appeal. An owner or person desiring to appeal to the Tree Commission shall file with the Director of Utilities and Engineering, as Secretary of the Tree Commission, a notice of appeal. The notice of appeal must be filed and received by the Director of Utilities and Engineering within 14 days from the date of the enforcing officer’s order, ruling, decision or interpretation from which appealed. The notice of appeal must specify the specific grounds or reasons for the appeal and include or have attached a copy of the order, ruling, decision or interpretation, or the part thereof, appealed from. A copy of the notice of appeal, together with all attachments, shall also be provided to the enforcing officer but a failure to serve notice upon the enforcing officer shall not be jurisdictional. Timely filing of the notice of appeal with the Director of Utilities and Engineering shall be jurisdictional.
(C) Hearing and decision. The Tree Commission shall, in every case, hold a hearing. The Commission shall, at the hearing, consider all pertinent information presented by the enforcing officer and the owner or person appealing. A decision shall be reached without unreasonable or unnecessary delay. Every decision of the Tree Commission shall be in writing and shall be promptly filed in the office of the Director of Utilities and Engineering and the enforcing officer. A copy of the decision shall be sent by mail or otherwise delivered to the owner or person appealing. If a decision of the Commission reverses the order, ruling, decision or interpretation of the enforcing officer, the enforcing officer shall take action immediately in accordance with the decision.
(D) Action taken in decision. In rendering the decision, the Tree Commission may take whatever action it deems appropriate under the circumstances. The actions may include, but shall not necessarily be limited to, affirming or reversing the decision of the enforcing officer, modifying the order, ruling decision or interpretation of the enforcing officer, rendering its own order, ruling, decision or interpretation or granting, if so requested, a variance from the applicable requirements appealed from.
(1980 Code, § 11.1205)