§ 825-200. Enforcement and penalties.

(A)

It shall be unlawful for any owner or operator of any property within the city to allow or cause to be allowed any violation of this article, including but not limited to: tree preservation, tree abuse, or required landscaping as defined per City Code.

(B)

Any violation of this article shall be subject to the maximum fine as provided for in section 1-8 (General penalty; continuing violations; violation as public nuisance) of the Code of Ordinances; which fine shall be placed in the "tree preservation trust fund."

(C)

In addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this article, or to seek code compliance as authorized by section 2-72 (Applicability) of the Code of Ordinances.

(D)

The following penalty provisions shall apply throughout this article, except as otherwise specifically provided.

(1)

Stop work orders. Whenever any work is being done by a person not in compliance with this article, a code enforcement officer may order that work be stopped and such persons performing such work shall immediately cease such work. The work may not resume until such time as the person is in compliance with this article.

(2)

[Remedial actions.] In the event a person abuses a tree in violation of the City Code, the violator shall be responsible to undertake pruning and other remedial actions that the enforcement agency determines are reasonably necessary to protect public safety and property, and to help the tree survive the tree abuse damage if the tree is not a nuisance species.

(3)

[Abused trees.] If the natural habit of growth of the tree is damaged or destroyed, the property owner shall install a replacement tree, or may elect to conduct remedial maintenance actions to restore the health of the tree, if he/she asserts that restoration is feasible within a two-year period. If the property owner elects to conduct remedial maintenance, the city may require a restoration plan and a bond for the canopy replacement and specimen tree value of the tree (calculated prior to abuse). The city will release the bond after the property owner demonstrates restoration of the tree in accordance with the city-approved plan. If restoration of the tree has not been achieved by the end of the two (2) year period, the city will collect on the bond. An abused tree, including one that is undergoing/has undergone restoration, may be required by the city to be removed if it threatens public safety or property, and a tree removal license may be required.

(4)

After-the-fact permitting. A code compliance officer may require an after-the-fact tree removal license for activities performed without a tree removal license that were required to obtain a license under the provisions of this article. Mitigation requirements for after-the-fact tree removal licenses include paying double the typical required license fee and providing double the required replacement for the removal of canopy. Payments to compensate the value of a specimen tree (over and above canopy replacement requirements) per subsection 825-140(C)(2) (specimen trees), are not subject to doubling.

(5)

[Violations.] Violators of this article, "Tree Abuse" shall be subject to revocation of tree service/arborist registration in accordance with the provisions of section 830-30(e).

(6)   

[Deadline for remediation.] Remedial actions and replacement required under this section shall be completed within sixty (60) days of notice from the enforcement agency that such actions are required. The enforcement agency may require the violator to immediately undertake remedial actions in the event an abused tree is an immediate threat to the public or property.

(7)

[Remediation by city.] Upon failure of the owner to undertake remedial actions within sixty (60) days, the city may conduct the remedial actions at its own expense. The city clerk shall cause an affidavit to be placed upon the public records of the county describing the work done and the amount of cost incurred by the city, such affidavit shall constitute a claim of lien against the property, foreclosable in the manner of mechanics liens, together with the cost of the action and all reasonable attorneys' fees incurred by the city.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2017-005, § 6, 2-28-17)