Sec. 78-11. - Interference with tree warden; appeals.

(a)

No person shall hinder, prevent, delay or interfere with the tree warden or any of his/her assistants while engaged in carrying out the implementation of this chapter; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the city.

(b)

Any adjustment of the standards required by this chapter or an appeal of a decision of the tree warden shall be taken to the tree commission. The tree commission, upon receipt of such request, on forms provided by the tree warden, shall have the authority and duty to consider and act upon the request. This application shall clearly and in detail state what adjustments or requirements are being requested, the reasons such adjustments or requirements are being requested, and the reasons such adjustments are warranted, and shall be accompanied with such supplementary data as is deemed necessary to substantiate the adjustment. The tree commission may approve, modify or deny the requested adjustment based upon protection of public interest, preservation of the intent of this chapter, and possible unreasonable and unnecessary hardships involved in the case.

(c)

The commission shall act on the application as expeditiously as possible and shall notify the applicant in writing within five days of the action taken.

(Code 1971, § 25-12)