(a) Whoever violates or fails to comply with any provision of this chapter shall be deemed guilty of a misdemeanor of the fourth degree and fined not exceeding two hundred fifty dollars ($250.00) or imprisoned for not more than thirty days, or both for each offense in addition to any required restitution for damages incurred by the City or any special assessments levied as provided for herein. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The application of a penalty under this section shall not preclude the City from seeking an injunction to enjoin prohibited acts or specific performance to compel actions required under this chapter or making application for and obtaining any other appropriate equitable remedy.
(b) In the instance of a violation of Section 1026.09(b), the City may, prior to the pursuit of criminal prosecution, pursue the following intervention:
(1) In the case of an initial violation committed by a property owner, provide a written notice of the violation to the property owner and remove the excess mulch or soil.
(2) In the case of a subsequent violation committed by the same property owner at the same property, provide a written notice of the violation to the property owner and remove the excess mulch or soil and issue a twenty dollar ($20.00) civil penalty for each area around a tree, shrub, or evergreen that requires correction.
(3) In the case of any violation by a tree lawn landscape professional, provide a written notice of the violation to the tree lawn landscape professional and the property owner and remove the excess mulch or soil and issue a twenty dollar ($20.00) civil penalty to the tree lawn landscape professional for each area around a tree, shrub, or evergreen that requires correction.
(4) In the case of subsequent violations to those violations covered by subsection (b)(2) and (b)(3) hereof, the penalties authorized by subsection (a) shall apply.
(Ord. 7-13. Passed 3- 12-13; Ord. 18-18. Passed 10-23-18; Ord. 28- 23. Passed 9-12-23.)