§ 17-8. Appeals, appellate fees.

(a)

Appeals to the historic and environmental preservation board ("HEPB"). The property owner, the applicant, or any aggrieved party having standing under state law, may appeal to the HEPB any decision of the department on matters relating to applications for tree permits, except for tree permits granted to the departments of public works or capital improvements program, by filing a written notice of appeal to the preservation officer, as established in chapter 23 of this Code, within ten calendar days after the date of the intended decision. The notice of appeal shall include the decision appealed from and the reasons or grounds for the appeal. HEPB shall hear and consider all facts material to the appeal. HEPB may affirm, modify or reverse the decision of the department.

All appeals to the HEPB in accordance with this article shall be accompanied by a fee of $315.00, except for appeals initiated by abutting property owners, as defined in the Miami 21 Code, for which a tree permit is sought. Appeals by a nonprofit corporation dedicated to conservation and protection of the natural and physical environment, or appeals by a homeowners association, as defined by F.S. ch. 720, as amended, which has one member who owns property within 500 feet of the subject property shall pay a reduced appeal fee of $157.50.

(b)

Appeals to the city commission. The property owner, the applicant, the department, or any aggrieved party having standing under state law, may appeal to the city commission any decision of the HEPB on matters relating to applications for tree permits by filing a written notice of appeal with the department of hearing boards within 15 calendar days after the date of the decision. The property owner, the applicant, or any aggrieved party having standing under state law may appeal to the city commission any decision by the department on matters relating to tree permit applications for the departments of public works or capital improvements program or to their contractors, by filing a written notice of appeal with the department of hearing boards, within 15 calendar days after the date of the intended decision. The notice of appeal shall include the decision appealed from and the reasons or grounds for the appeal. The city commission shall conduct a hearing de novo as a body of original jurisdiction, upon any appeal and/or review from an appealable decision under the terms of this article, as amended. New evidence or materials may be received by the city commission where such evidence or materials are pertinent to a determination of the appeal. The city commission may hear the testimony of witnesses and/or any other evidence offered by any person aggrieved or by any officer, board or agency of the city affected thereby or by any interested party having an interest in the appeal under state law and may, in conformity with this article and other applicable laws, rules and regulations, render its decision. The city commission shall hear and consider all facts material to the appeal and may affirm, modify or reverse, in whole or in part, with or without conditions, HEPB's decision, or may grant or deny the appeal of the tree permit issued to the departments of public works and capital improvements.

All appeals to the city commission in accordance with this section shall be accompanied by a fee of $525.00, plus $4.50 per mailed notice to the adjacent owners within a 500-foot radius. A certified list of said adjacent owners shall be provided with all appeals. However, no fees shall be assessed for appeals initiated by abutting property owners, as defined by the Miami 21 Code, for which a tree permit is sought. Appeals by a nonprofit corporation dedicated to conservation and protection of the natural and physical environment, or appeals by a homeowners association, as that term is defined by F.S. ch. 720, as amended, which has one member who owns property within 500 feet of the subject property shall pay a reduced appeal fee of $262.50.

The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration, shall be considered by the city. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure.

(c)

Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and place of the public hearing shall be mailed at least ten calendar days in advance of the hearing to the owner of the subject property and the owners of the adjacent properties. At least ten calendar days in advance of the hearing, a sign, in compliance with the provisions of section 62-19 of this Code, shall be posted on the subject property.

(d)

No tree removal permitted during an appeal. Upon timely submission of an appeal made pursuant to the requirements of this section, new construction and removal of any trees which could be affected by the subject appeal is prohibited, pending final disposition of the appeal. A violation of this subsection will automatically result in an additional $500.00 fine payable to the city's tree trust fund for each separate violation of this section.

(Ord. No. 13670, § 2, 3-23-17)