905.99 PENALTY.

   (a)    Violations. Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter, upon being found guilty of violation, shall be subject to a fine not to exceed five hundred dollars ($500.00) for each separate offense. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense. If, as a result of the violation of any provision of this chapter, the injury, mutilation or death of any tree, shrub, or other plant located on City owned property is caused, the cost of repair or replacement of such tree, shrub or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscaped Trees, Specimen Shrubs and Evergreens" as published by the International Society of Arboriculture.

   (b)    Assessment of Claim. In the event that a public nuisance is not abated by the date specified in any notice, sent under this chapter, the City Forester is authorized to cause the abatement of such nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to the fines assessed as a result of criminal prosecution under subsection (a) hereof.
(Ord. 34-90. Passed 5-7-90.)