As a result of the violation of any provision of this Chapter, whether by fault in accident or vandalism, which results in the injury, mutilation or death of a public tree, the party in violation or fault shall be responsible for the cost of repair or replacement of such tree. The replacement value of trees shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture.
In addition to being responsible for the replacement value, violations of this Chapter shall be subject to the following schedule of civil fines:
a. If a citation for a violation of this Chapter is not contested by the person charged with the violation, the maximum penalties below shall apply; however, the Board may waive any or all of a penalty for an uncontested violation, if in its discretion, the Board determines that such waiver will promote compliance with this Chapter. The penalties listed below are for each day a violation continues, beginning on the first day after the ending date of the correction period given in the citation. A second offense is an offense that occurs within five (5) years of the determination by the Code Enforcement Board of a prior offense. All others are those that occur within five (5) years of the determination by the Code Enforcement Board of two (2) or more prior offenses.
Violation 1st Offense 2nd Offense All Others
Public Tree Violation $ 250.00 $ 500.00 $ 750.00
b. If the citation is contested and a hearing before the Board is required, the following maximum penalties may be imposed at the discretion of the Board:
Violation 1st Offense 2nd Offense All Others
Public Tree Violation $ 500.00 $1,000.00 $1,500.00
(Ord. BG2004-21, 5/4/2004)