Any land owner aggrieved by any final decision by the Tree Board may appeal the decision to the City Commission within 14 days from the date of the decision. Hearings before the City Commission shall be commenced within a reasonable time after any challenged decision made by the Tree Board, and the petitioner shall be notified at least seven days prior to the hearing. At the hearing, the petitioner shall be entitled to appear in person or by his or her attorney to show cause why the decision should be modified or withdrawn. The failure of the petitioner or representative to appear shall constitute an abandonment of the petition. After a hearing, the City Commission shall sustain, modify, or withdraw any notice and order appealed from, depending on its finds. If it clearly appears that, by reason of special conditions, undue hardship would result from the strict application of any section of this chapter, the City Commission may permit a variance from the mandatory provisions in such a manner that the public safety shall be secured, substantial justice done, and the spirit of the provisions of this chapter upheld. Any decision to permit a variance under this section shall be by a majority vote of the total membership of the City Commission. An owner aggrieved by any final decision or order of the City Commission may appeal the decision or order to the Circuit Court within 21 days of the date of the decision.
(1993 Code, § 97.21) (Ord. 94-5, passed 11-21-1994)