16.66.130   Violation—Penalty.
   A.   Any person who unlawfully removes, destroys, or causes major damage to any tree shall pay a civil penalty equal to twice the amount of the appraised value of each tree or $5,000.00 per tree, whichever is greater. For purposes of calculating the penalties for each tree, the current edition of the “Guide for Establishing Values of Trees and Other Plants,” as amended, by the Council of Tree and Landscape Appraisers shall be presumed to provide the appropriate basis for determining penalties.
   B.   Any person who unlawfully causes minimal damage to any tree shall pay a civil penalty of $1,000.00 for each tree damaged.
   C.   If any person commits three minimal damage violations within a 24-month period, all subsequent minimal damage violations within such 24-month period shall be penalized as major damage violations.
   D.   In addition to the abovementioned penalties, any person violating any portion of this chapter that results in the loss of a tree, shall be required to replace said tree with a new tree and/or additional plantings, of the same species, or other species as may be determined by the director. The director shall determine the size and location of replacement tree(s). The director may refer to the recommendation of a city-selected arborist.
(Ord. 2286)