§ 17.5.145 MITIGATION AND PENALTIES.
   A.    replacement. Replacement shall be new , two inches in size or larger, meeting requirements for type, placement, installation and watering provisions. The owner (or the adjacent property owner in the case of  ) shall be responsible for the continued health of the new including regular watering. Replacement shall be completed within one year of removal.
   B.    for improper removal.
      1.   Removal or destruction of a in violation of this Code on developed single- zoned property (and which does not meet the criteria of ) is punishable by replacement of the and a fine. The fine shall not exceed the schedule for fines set forth in the Municipal Code or the value of the , whichever is less.
      2.   In all other cases, removal or destruction of a protected in violation of this Code is punishable by a fine which shall not exceed the replacement value of the as based on the Guide for Plant Appraisal. In lieu of a cash payment to the , the may   of said value based on the following alternatives, either singularly or in combination:
         a.   One or more resulting in the same or higher value of the removed , except that the value shall be not less than the cost of replacement; and/or
         b.   One or more of a species acceptable to the in which the size (cumulative square inches) of the replacement equal the diameter measurement at four and one-half feet above of the removed .
      3.    shall be completed within 180 days. The may extend the time for up to 60 days due to extenuating circumstances (such as hot weather).
      4.   Where it is determined that removal was performed illegally, all land permit processing for the parcel shall be suspended until is complete.
      5.   Partial compliance with criteria. If the required criteria have only been partially met, then the reviewing body can require greater than § 17.5.145A. Replacement but less than § 17.5.145B.
(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013)