(a) Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree.
(b) Any person who violates any provision of this chapter shall be liable to pay to the City a civil penalty equal to the total value of those trees illegally removed or damaged, as computed from the International Society of Arboriculture shade tree formula. Such sum shall accrue to the City and may be recovered in a civil action brought by the City. Such sum so collected shall be placed in the City's Shade Tree Commission tree fund. Replacement of illegally removed trees may be required as restoration in lieu of money. This replacement shall be computed on an inch-for-inch ratio based on the total diameter measured at d.b.h. in inches of the illegally removed trees. If, because of destruction of the removed trees, exact inch-for-inch measurements cannot be obtained, the City may use other reasonable means to estimate the tree loss. A combination of money and tree replacement may be required.
(c) Any use or activity in violation of the terms of this chapter is hereby declared to be a nuisance per se, and may be abated by order of any court of competent jurisdiction. Council, in addition to other remedies, may institute any appropriate action or proceedings to prevent, abate or restrain the violation. All cost, fees and expenses in connection with such action shall be assessed as damages against the violator.
(d) The City, its officials, agents and employees may make reasonable entry upon any lands or waters within the City for the purpose of enforcement of this chapter or the conduct of any investigation, survey or study contemplated by this chapter.
(Ord. 92-103. Passed 11-16-92.)
CODIFIED ORDINANCES OF BEREA