§ 97.12 REVIEW BY TOWN COUNCIL.

   The Town Council shall have the right to review the conduct, acts and decisions of the Town Tree Committee. Any person may appeal from any ruling or order of the Town Tree Committee to the Town Council who may hear the matter and make final decision.

(Ord. passed 8-9-1988)

§ 97.13 ENFORCEMENT AND APPEAL.

   (A)   Any person who violates any of the provisions of this chapter shall be notified by the Town Manager of the specific violation by registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation, the measures required to comply with this chapter, if compliance is at all practicable, and a reasonable time period within which compliance must be had.

   (B)   In the event any person is dissatisfied with the decision of the Town Manager adversely affecting the person involving the application of this chapter, the person may request a hearing before the Town Council within five working days of the receipt of the violation. The request must be in writing and directed to the Town Manager who shall schedule the hearing at the next Town Council meeting. At least one member of the Tree Committee shall be present at the hearing. The Council shall either affirm, overrule or modify the decision of the Town Manager.

(Ord. passed 8-9-1988)

§ 97.99 PENALTY.

   (A)   Any person who violates any provision of this chapter, which results in damage to or loss of town-owned plantings, shall be subject to a civil penalty assessed by the Town Manager, taking into consideration the amount that the violator would be required to spend to repair the damage, including replacement of the planting. Plant value may be determined by a competent appraiser at the request of the Manager. Notice of the violation shall be in accordance with § 97.13(A). Upon failure of the violator to appeal as set forth in § 97.13(B) or pay the assessed penalty within 30 days, an action in the nature of debt in the name of the town in the appropriate division of the general courts of justice may be instituted by the town for the recovery of the penalty. The violation subjects the offender to a civil penalty, pursuant to the authority granted by G.S. § 160A-175, and does not subject the offender to the penalty provisions of G.S. § 14-4.

   (B)   Violations related to any other provision of this chapter shall constitute a misdemeanor as provided by G.S. § 14-4.

(Ord. passed 8-9-1988)