(A) Civil offense. A violation of this chapter shall constitute a civil offense. Unless otherwise addressed in this section, any person, firm or corporation who violates any provision of this chapter, shall be subject to a civil fine or fines including abatement costs as set forth herein and in § 92.99 of this code of ordinances.
(B) Lien. The city shall possess a lien on property for all fines, penalties, charges, attorney’s fees and other reasonable costs associated with enforcing this code and placing of a lien on a parcel of real property pursuant to this code. The lien shall be superior to and have priority over all other liens, except state, county, school board and city taxes if all legal requirements are satisfied.
(C) Repair or replacement of trees. As a result of the violation of any provision of this chapter, if the injury, mutilation or death of public arboriculture is caused, the cost of the repair or replacement of such tree, shrub or plant shall be assessed as abatement costs and included in the final civil fine to be borne by the party in violation by the Code Enforcement Board. Replacement value of the public arboriculture shall be determined in accordance with the latest revision of the Guide for Plant Appraisal, published by the International Society of Arboriculture. Reference copies of the Guide for Plant Appraisal will be made available in office of the City Clerk, and the Public Works Department.
(D) Hazardous trees and public nuisances. In the event that a hazardous tree or public nuisance is not abated by the date specified in any citation or final unappealable order of the Code Enforcement Board, the city may abate the hazard or nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the hazard or nuisance was located. In addition, the owner of the property on which the hazard or nuisance was located shall be subject to the civil fines set forth above.
(E) Code Enforcement Board power. The City Code Enforcement Board shall have power to issue remedial orders, determine the imposition of reasonable abatement costs and impost civil fines to enforce this section. Enforcement of this section shall be in accordance with the procedures outlined in the Code Enforcement Board guidelines located in §§ 92.16 through 92.23 of this code of ordinances. Civil fines for violations of this section shall be those set forth in § 92.99. The city shall possess a lien on property, real or personal, for all fines, penalties, charges, attorney’s fees and other reasonable costs associated with enforcing this code, and the cost of placing of a lien on a personal or real property pursuant to this code.
(Ord. O-20-20, passed 9-15-2020)