(A) Tree removal and damage violations. Any person who neglects or refuses to comply with, or assists in the violation of, any of the provisions of this chapter, or any order, permit, or notice issued pursuant thereto, shall be fined not more than $1,000 for each such violation and shall pay in addition the cost of replacement as provided in this section. 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 chapter, 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 sections of this chapter. The cost of replacement shall be $100 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 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 sections in this chapter.
(B) Planting, arboricultural work or encroachment violations. If the Tree Program Supervisor determines that a violation exists regarding planting, maintenance or encroachment of trees or flora upon property within the right-of-way the following shall occur:
(1) A preliminary notice shall be given to the owner or occupant of such property, either verbally or by posting the notice on the property. The notice shall state the nature of the alleged violation, corrective action necessary and a date, not less than two weeks, when the property will be re-inspected to determine if compliance has been effected. After re-inspection, if it is determined that the violation has been corrected, the owner or occupant shall not be liable for any charges by reason of the preliminary notice procedure.
(2) If any violation is not corrected as a result of the preliminary notice, or no preliminary notice is given, or the condition exists on a vacant lot or unoccupied, unimproved real estate, the Tree Program Supervisor shall give to the owner of such real estate written notice of the existing condition. Such notice shall be given by certified mail, stating the nature of the violation, describe the real estate upon which the condition exists and demand abatement of the condition and set a date, not sooner than two weeks after the date of such notice. The property shall then be re-inspected to determine if abatement has been effected. If the certified mail is not returned within 30 calendar days or if the address of the owner is unknown and cannot be ascertained after due diligence, it shall be sufficient to give notice by publication in the town newspaper circulation. The owner(s) notified by publication shall have ten days from the date of the published notice in which to abate the offending condition.
(Ord. 2002-7A, passed 9-24-02)