(A) Civil penalty. Any person who violates any of the provisions of this chapter shall be subject to a civil penalty. The amount of the civil penalty shall be no more than $500. Each day of a continuing violation shall constitute a separate violation.
(1) The Appeals Board shall determine and assess the civil penalty, if any, at the time of the appeals hearing, if one is requested. In the absence of an appeal, the Public Utilities Director shall submit a request to the Chairperson of the Appeals Board who shall assemble the Appeals Board and assess the civil penalty with supporting documentation upon prior notice to the violating party of the date and time of the Appeals Board hearing. At least ten days’ notice shall be given to the violating party of the date, time and location whereby the Appeals Board will consider the request to assess a civil penalty.
(2) In assessing the civil penalty, the Appeals Board shall take into consideration the amount of money that the violator would be required to spend in order to be in compliance with the provisions of this chapter, the amount of money saved by the violator in violating the chapter, the cost of replacement of any removed tree, shrubbery or regulated tree and other factors that it may deem relevant.
(3) To determine the specific amount of the civil penalty for damage or destruction to regulated trees, the shall use the standard tree evaluation formula provided by the International Society of Arboriculture, as it may be amended from time to time. The standard tree evaluation formula is made a part of this chapter and adopted herein by reference. The Appeals Board shall have no discretion to vary the cost figures set forth in the formula.
(B) Criminal penalty. A violation of this chapter 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 criminal penalty provisions of G.S. § 14-4.
(C) Injunctive relief. Whenever there exists reasonable cause to believe that any person is violating this chapter or any standards adopted pursuant to this chapter or any term, condition or provision of an approved permit, the city may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the city for a mandatory or prohibitory injunction and an order of abatement demanding the violator to correct the unlawful condition upon or cease the unlawful use of the property.
(Ord. 08116, passed 11-24-2008)