(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.999 of this code of ordinances.
(B) Whenever any tree or shrub has been removed or destroyed pursuant to permit, per § 153.003(B) of this chapter, it shall be a Class B misdemeanor for the permittee to fail, refuse or neglect to plant and maintain another tree(s) or shrub(s) of the type and size and at the location specified in the permit, within the time specified by the permit.
(Prior Code, § 24.01.030)
(C) (1) A violation of any provision of § 153.005(B) of this chapter shall be a Class B misdemeanor. Any person found violating § 153.005(B) of this chapter shall also provide restitution for any and all costs associated with repairing any injured or destroyed tree, including the cost of maintenance, removal, replacement and/or other related services.
(2) The city reserves the right to pursue a civil action against any person for any violation of the above section. In the event a person violated any of § 153.005 of this chapter and, after being notified, fails to perform the actions being requested by the city, the same person shall be indebted to the city for the cost of maintenance, removal, replacement and/or other related services associated with remedying the violation. The city reserves the right to place a lien against any real property owned by the person for failure to reimburse for stated costs. In the event legal action is commenced to obtain reimbursement for said costs the person found violating § 153.005 of this chapter shall also pay all legal expenses incurred by the city in obtaining judgment for such costs.
(Prior Code, § 24.01.050)
(D) The violation of § 153.015
of this chapter shall constitute an infraction. Additionally, should the city choose to remove the weeds, vegetation, litter, snow, ice or obstructions, the real property owner shall be indebted to the city for the reasonable cost of such removal. In the event legal action is commenced to obtain reimbursement for said costs, the abutting property owner shall also pay all legal expenses incurred by the city in obtaining judgment for such costs.
(Prior Code, § 24.01.150)
(E) Penalties for violating § 153.016 of this chapter shall be a Class C misdemeanor.
(Prior Code, § 24.01.160)
(F) (1) Unless otherwise specified in §§ 153.045 through 153.061 of this chapter, a violation of any provision of §§ 153.045 through 153.061 of this chapter, or failure to comply with an order of suspension, revocation or stop work, by any person, whether a permittee or a subcontractor to a permittee, shall be a Class B misdemeanor. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of §§ 153.045 through 153.061 of this chapter.
(Prior Code, § 24.03.180)
(2) Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the Public Works Department, per § 153.052 of this chapter, shall be guilty of a Class B misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.
(Prior Code, § 24.03.080)
(Ord. 98-38, passed 8-20-1998; Ord. 19-19, passed 11-7-2019; Ord. 20-17, passed 9-3-2020; Ord. 22-03, passed 3-3-2022; Ord. 23-26, passed 12-7-2023)