(a) Administration. The provisions of this article shall be administered by the City Code Enforcement Officer, with general oversight provided by the City Tree Board. The duties of the City Code Enforcement Officer hereunder shall include issuing permits and inspecting public lands, and enforcement of actions as may be appropriate in fulfillment of the requirements of this article.
(b) License and Bond of Forester. It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating trees within the City without a business license. As a condition for obtaining and maintaining such license, there shall be filed with the Office of the City Clerk evidence of possession of general or public liability insurance in the minimum amounts of three hundred thousand dollars ($300,000) (single limit) for bodily injury or death and one hundred thousand dollars ($100,000) property damage resulting from the pursuit of such person's endeavors herein described. Such policy shall by its terms require notification to the City, upon cancellation thereof.
(c) Additional Penalties.
(1) Fines. Any person who violates any provision of this article or who fails to comply with any notice issued pursuant to provision of the article, upon being found guilty of such violation, shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day during which the violation of the provision of this article occurs shall constitute a separate offense.
(2) Repair or replacement of trees. If, as the result of the violation of any provision of this article, the injury, mutilation, or death of a public tree is caused, in addition to criminal penalties, the cost of the repair or replacement of such tree shall be borne by the at fault party. Replacement value of the tree shall be determined in accordance with the latest revision of the Guide for Planting Appraisal, as published by the Council of Trees & Landscape Appraisers.
(d) Appeals. The Board of Zoning Appeals, established and authorized by the City Zoning Ordinance, shall be empowered to take appeals from any person regarding this Tree Ordinance. Such appeal shall be taken within thirty (30) days of the action complained of, as provided by the rules of the Board of Zoning Appeals, by filing with the City Building Inspector on a form provided by the Board of Zoning Appeals, written notice of appeal specifying the grounds thereof.
(Ord. 2020-011. Passed 12-7-20.)