Any person who fails to comply with, or assists in the violation of, any of the provisions of this Article, or any order, permit, or notice issued pursuant hereto, shall be fined not more than one thousand dollars ($1,000.00) for each such violation and shall pay in addition the cost of replacement as provided in this Article. Each day any such violation continues shall constitute a separate offense, and each tree removed or damaged shall also constitute a separate offense. Any person who causes a tree to be removed or damaged in violation of this Article, or any order, permit, or notice issued pursuant thereto, shall repair or replace any such tree at the violator's sole cost and expense pursuant to the tree replacement requirements set forth in this Article. The cost of replacement shall be one hundred dollars ($100.00) for each DBH inch of the removed or damaged tree. If the precise DBH cannot be determined, the cost of replacement shall be determined by the Tree Program Supervisor based on the consulting arborist's estimate of the DBH of the removed or damaged tree. The person found responsible for the violation shall pay the replacement cost of the tree to the Town. The location, species, and planting specification for replacement trees shall be approved prior to replanting by the Tree Program Supervisor pursuant to the requirements of this Article. (Ord. No. 2007-04, 3-21-07)