§ 50-23. Appeals.

(a)

If the city engineer refuses to approve or issue a tree removal permit, or the applicant disagrees with the decision of the city engineer, the applicant may appeal the decision to the city council. The appeal shall be in writing and shall be transmitted to the city secretary within ten days after receipt of notification that the city engineer will not accept the tree removal permit.

(b)

The appeal shall be considered by the city council within 30 days after the appeal is received by the city secretary, unless the applicant requests a later hearing. The city council shall not release the applicant from the requirements of this article, unless the applicant first presents credible evidence from which the city council can reasonably conclude application of this article to the applicant would be likely to deprive the applicant of rights protected by law.

(c)

The city council may take the following actions on an appeal:

(1)

Deny the appeal, in which case the tree removal permit shall not be accepted or granted;

(2)

Grant the appeal, and direct the city engineer to accept and approve the tree application permit; or

(3)

Grant the appeal subject to such provisions, conditions, or limitations as deemed appropriate by the city council.

(Code 1994, § 3.705; Ord. No. 470, § 1, 6-8-2009)