(a) There shall be created a commission to be known as the Shade Tree Commission, comprised of twelve members, who shall serve without pay. Ten members, a majority of whom shall be residents of the City, shall be appointed by the City Commission. The eleventh member shall be the City Forester, who shall be an ex-officio member. The twelfth member shall be an ex-officio member, either the Service Director, the City Engineer or the City Traffic Engineer, as appointed by the City Manager. Only the ten members appointed by the City Commission to the Commission shall be entitled to vote. The ten members appointed by the City Commission shall serve for a three-year term, except that for the initial term, these members shall be appointed respectively: four one-year terms, three two-year terms, and three three-year terms. Vacancies shall be filled for unexpired terms in the same manner as original appointments.
(Ord. 00-456. Passed 12-19-00.)
(b) The Commission shall elect a chairman who shall serve for a one-year term and not more than two consecutive terms, shall adopt its own procedures, and meet at least quarterly. All official meetings shall be public and all resolutions adopted shall carry at least six affirmative votes. The City Forester shall act as secretary for the Commission. The duties of the Commission shall be as follows:
(1) To receive complaints from any person concerning the acts or failure to act of any other person within the provisions of the chapter; to conduct hearings for the purpose of determining the facts; to mediate and to attempt resolution of these complaints.
(2) To deny, suspend or revoke licenses of any person engaged in tree work, on demonstration of proof satisfactory to the Commission that such action is warranted because of insufficient competence or failure to comply with the provisions of this chapter or other ordinances of the City.
(3) To give testimony to any court of jurisdiction on request.
(4) To establish reasonable criteria with the advice of the City Forester for the granting of licenses to persons wishing to engage in tree work.
(5) To recommend legislation concerning the selection, planting, protection and removal of trees, including emergency legislation to require whatever measures are necessary to control insect and disease infestations that threaten the continued existence of tree species.
(6) To adopt official reasonable arboricultural specifications and standards of practice, which shall be binding on all persons engaged in tree work.
(7) To adopt a master Shade Tree Plan, with the advice of the City Forester. Such Plan shall be limited to public trees and other public places and shall provide a reasonable selection of trees suitable for each type of location. It may provide prohibitions against the planting of undesirable tree species.
(c) Nothing in this section shall act to prevent any person from pursuing his claim in a court of jurisdiction before, during or after an investigation by the Commission.
(Ord. 82-571. Passed 12-14-82.)