Abilene Commission to Take Over Nuisance and Tree Appeals From City Boards

Abilene city commissioners on Monday agreed to have the city attorney draft an ordinance that would move appeals of certain nuisance, weed and overgrowth, and tree-related violations from two volunteer boards to the City Commission.

Under current city code, appeals under Sections 4-306 and 4-310, which cover general nuisances, and Section 4-605, which covers weeds and overgrowth, go to the Building Standards Board. Appeals of City Forester orders under Section 6-713 go to the Tree Board. Staff said those boards now have the final say on those appeals, while decisions of the Planning Commission and Board of Zoning Appeals can already be appealed to the commission.

Staff told commissioners that hearing code enforcement appeals can put volunteer board members in difficult positions with neighbors, customers and other residents, and that having the commission hear the appeals would let it see how the ordinances it adopts are being applied. Staff said only one such appeal, before the Tree Board, has been filed in recent years.

Under the proposal, the appeal process itself would not change except that the commission would hear the appeals. Staff would continue to handle enforcement, and the boards would keep their advisory and technical roles. Procedures for technical building-code and property-maintenance appeals would stay the same.

One commissioner said they would prefer the boards hear complaints first because of their members' specialized knowledge, with appeals then going to the commission. Other commissioners said that would add an extra step and said they supported the staff recommendation.

Staff said it will also check whether any other city boards hear appeals the same way. The staff recommendation called for the ordinance to come back for consideration at the commission's Nov. 23 meeting.