Sec. 94.106. - Duties.
In implementing the purposes under this Chapter, the Commission shall have the following duties:
(a) To act as a coordinator for programs, projects, and activities related to planting projects and the health of the tree canopy between all public and private entities;
(b) To review expenditure proposals and plans for planting projects;
(c) To prioritize, with the input of District Council members, proposed planting projects based on established criteria for recommendation to the Council, and, when requested, the Commission may also make recommendations on other proposed tree planting projects;
(d) To formulate a recommended priority project list, including an estimated implementation cost for each item, for tree planting and canopy maintenance, and to thereafter annually review the priority project list and report recommendations to the Mayor's Office;
(e) To help coordinate the maintenance of an inventory of the urban tree canopy with an emphasis on historic trees, exceptional specimen trees and other unique environmentally significant trees within the City;
(f) To assist in the establishment of educational and outreach programs to encourage proper management and maintenance of trees on private property in the City;
(g) To conduct research studies, collect and analyze data and prepare maps, charts, and plans for the accomplishment of its purposes;
(h) To identify issues relative to the health and protection of public trees and recommend solutions to problems identified;
(i) To recommend to and help develop opportunities for the City's grant writing office for grants and solicitation of donations to support the City's tree canopy;
(j) To perform an annual audit of funded projects, the status of the inventory, and tree permits submitted to the City to be included in an annual report to the Mayor's Office and City Council; and
(k) To develop and maintain a tree canopy and existing tree inventory.
(l) Appeals.
(1) Any adversely affected property owner, permit holder or contractor regarding a subject property may appeal the decision of:
(i) The Chief of Development Services, Public Works Department, regarding the Final Assessment of Clearcutting Contribution Amount, pursuant to Section 656.1208(c)(3)(iii), Ordinance Code.
(ii) The Director of the Public Works Department, regarding a Request to Reduce Fines, pursuant to Section 656.1208(g), Ordinance Code.
(2) An appellant shall file a Notice of Appeal of the applicable decision with the Office of General Counsel and the Tree Commission staff person responsible for Tree Commission notices and minutes within 30 days of the date of the applicable written decision.
(3) The Notice of Appeal shall contain evidence of the species of trees removed, the application of any exception or exemption to the trees removed as provided for in Part 12 (Landscape and Tree Protection Regulations), Chapter 656 (Zoning Code), Ordinance Code, and any other relevant information used to dispute the Notice of Violation and the calculation of monies owed to the City, including expert analysis and geographical data.
(4) The Director of Public Works, as staff to the Tree Commission, shall:
(i) Set the matter for a hearing before the Commission within 45 days of the date of the Notice of Appeal, unless otherwise extended by agreement of the Chief or Director, as applicable, and the appellant; and
(ii) Maintain the record of the proceedings.
(5) The sole issue to be determined by the Commission is whether the Chief or the Director's decision concerning the item on appeal was "clearly erroneous."
(6) The Commission shall issue a written decision concerning the appeal, which written decision shall be deemed to be the final decision of the City, and may be appealed by any person with standing under state law by common law certiorari in the circuit court. The written decision shall be mailed by the Public Works Department to the appellants within seven days after the written decision.
(Ord. 2017-397-E, § 1; Ord. 2017-635-E, §§ 1, 3; Ord. 2023-323-E, § 2; Ord. 2025-30-E, § 10)
