(A) Enforcement.
(1) The Forest Board, City Forester, and the City Code Enforcement Officer shall have the right of entry onto all lands within the city at reasonable times for purposes of determining whether a tree presents a public tree nuisance, subject to constitutional restrictions on unreasonable searches and seizures.
(2) When work or another activity affecting public trees is being conducted in violation of this chapter, is not authorized by any applicable permits, and poses irreparable damage to trees or threatens public safety, the Code Enforcement Officer and Police are authorized to issue a stop work order requiring the person or entity to cease work until a review of the activity can be conducted by the Forest Board.
(B) A violation of this chapter shall be classified as a civil offense and public nuisance and shall be enforced as provided in § 92.99.
(C) The civil penalty for violations under this chapter shall be not less than $50 nor more than $1,000. Each tree in an offense involving multiple trees shall constitute a separate offense, and each day of a violation that is continuing in nature after a deadline for compliance has passed shall constitute a separate offense but in no case shall the total fine exceed $10,000.
(D) The city shall possess a lien on the property of the person committing the violation for all fines, penalties, charges and fees imposed pursuant to this section. The lien shall be superior to and have priority over all other subsequent liens on the property except state, county, School Board, and Louisville Metro Government and city taxes.
(E) In addition to the foregoing monetary penalties set out in this section, when a violation of this chapter results in the injury, mutilation, or death of a live public tree, the cost of repair or replacement, and/or the appraised dollar value of such tree shall be borne by the person who violated the chapter.
(F) In addition to the civil enforcement mechanism provided for the correction of violations under this chapter, the City Attorney may institute an action for the recovery of any penalties and costs otherwise authorized in this chapter, and bring an action for an injunction against any person violating or threatening to violate any provision of this chapter or any standard established by the Forest Board pursuant thereto.
(Ord. 8, Series 2019, passed 9-16-2019)