(A) General.
(1) The cutting or removal of trees not meeting the permit criteria set forth in § 154.360(C) shall subject the offender to a civil penalty in the amount of $1,000 per tree to be recovered by the town. Upon appeal, the burden of proving that cut trees would have qualified for a permit under § 154.360(C) lies with the appellant. Upon a finding that the cut trees would have qualified for a permit under § 154.360, the offender shall be subject to a civil penalty in the amount of $100 per tree to be recovered by the town.
(2) The violation of any provision of this subchapter other than the cutting or removal of trees not meeting the permit criteria set forth in § 154.360(C) shall subject the offender to a civil penalty in the amount of $100 pursuant to § 11.01 of the Beech Mountain Code of Ordinances. Each day’s continuing violation shall be a separate and distinct violation.
(3) Notwithstanding division (A)(1) above, all provisions of this subchapter may also be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(4) Violation of any provision of this subchapter shall not be a misdemeanor.
(B) Violations on public property. In addition to the penalties above, any violator of § 154.358 with respect to trees on public property shall be required to replace removed or damaged trees on public property with trees and/or shrubs of the same size. The violator shall be responsible for the full replacement costs of the trees.
(C) Violations on private property. Responsible party. For violations of § 154.358 with respect to private property, the party who actually cut or trimmed the trees shall be deemed the responsible party. However, when one party hires another for the purpose of cutting or trimming trees, the party who hires or arranges for the other to do the work shall be deemed the responsible party.
(1989 Code, Title V, Ch. 51, Art. XXII, § 2207) (Ord. passed 5-13-2008; Ord. passed 7-13-2010; Ord. passed 11-15-2011; Ord. 2016-06, passed 4-12-2016)