In any appeal taken to the Shade Tree Commission pursuant to the provisions of Section 606.28, Chapters 1023, 1024, 1025 of the Codified Ordinances or any other provisions of the Codified Ordinances providing for an appeal to the Shade Tree Commission, the following provisions shall apply unless the particular section specifically provides for a different procedure.
(a) In order to have jurisdiction to consider the appeal, a notice of appeal must be filed with the Shade Tree Commission and a copy of the notice of appeal must be filed with the official, board, or commission from whose decision the appeal is taken within ten (10) days from the date that the decision was rendered. The appeal must specify the decision from which the appeal is taken, the alleged error, and must be accompanied by a seventy-five dollar ($75.00) filing fee.
(b) The Shade Tree Commission shall notify the appellant; the official, board, or commission from which the appeal is taken at least seven (7) days in advance of a scheduled hearing.
(c) The Shade Tree Commission shall hold a hearing, receive any evidence offered by the appellant or the official, board, or commission from which the appeal is taken and decide the appeal at a place and time to be determined by the Commission within sixty (60) days of the receipt of a notice of appeal unless the time is otherwise extended by the Commission for good cause.
(d) The Shade Tree Commission shall utilize the applicable standards set out in the sections under which the official, board or commission acted; and the Shade Tree Commission may reverse or affirm, wholly or in part, or modify, any such order, requirement, decision or determination as, in its opinion, ought to be made under the circumstances, and to that end shall have all the powers of the official, board, or commission from whose decision the appeal is taken.
(e) The decision of the Shade Tree Commission shall be final.
In any appeal to the Commission, a Commission member who was involved in the initial decision from which the appeal is taken shall be disqualified from hearing or otherwise participating in that particular matter.
(Ord. 2013-223. Passed 1-6-14.)