Notice of the Director's decisions regarding oak trees that are within his/her jurisdiction to approve removal shall be given by personal delivery or first class mail to the applicant and to any person filing a written request. Any such decision shall include a statement of the reason for the decision and the conditions which were attached.

The Director shall post either (1) a "Notice of Intent" of the tree removal permit issuance on the property for the duration of the fifteen (15) day appeal period, stating the tree removal proposal, the Director's intended decision, and the proper procedure for formal appeal, or (2) a "Notice of Tree Removal Request" on the property, stating the date(s) of tentative public meeting consideration.

Any person aggrieved or affected by the Director's decision may appeal the decision to the City Council by filing a written appeal with the City Clerk within fifteen (15) days of the date of the Director's notice. Any such appeal shall be accompanied by an appeal fee in the amount established by resolution of the City Council. Property owners within three hundred (300) feet of the subject site shall receive notice of the appeal no later than ten (10) days prior to the scheduled public hearing to consider the appeal.

If no appeal is filed within such time, the Director shall promptly implement his/her intended decision by denying or issuing the permit, with or without conditions. An appeal shall automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the City Council.

The City Clerk shall place all such appeals on the agenda of the next regular Council meeting and shall give notice to the applicant and/or appellant. The City Council shall consider and decide all issues raised in the appeal and may call for expert witness from a consulting tree specialist, for which the City may require reimbursement from the applicant. The decision of the Council shall be final.

The Planning Commission shall not have the authority to approve removal of mature oak or significant trees. The Commission may, however, as part of a development review process, recommend to the City Council that the Council permit selected oak or significant sized trees to be removed. The criteria to be used by the Planning Commission in making such recommendation shall be as specified in § 36-28.4(D) of this chapter.