(a) Any person who removes a non-exempt protected tree or violates any provision of this chapter or any term or condition of a tree removal permit, and any landowner who fails to comply with the requirements of this chapter or any notice issued pursuant to Section 1232.05(d) above, shall be responsible for a municipal civil infraction and shall be subject to the penalties, sanctions and remedies prescribed in Section 202.99 of these Codified Ordinances and in Chapter 87 of the Revised Judicature Act, being M.C.L.A. 600.8701 et seq.
(b) Each violation of this chapter or unauthorized removal of a protected tree shall be deemed a separate offense.
(c) Any act performed or perpetrated in violation of this chapter is declared to be a nuisance per se, and the Village may commence a civil suit in any court of competent jurisdiction for an order abating or enjoining the violation.
(d) The Village shall issue a stop work order or withhold issuance of certificates of occupancy, permits or inspections until the provisions of this chapter, the tree removal permit, or any conditions attached thereto, have been fulfilled.
(e) The Village shall require replacement of illegally removed trees on an inch-for-inch basis or payment to the Village Tree Fund.
(f) The Village’s employees, contractors or agents may enter onto land to prune, treat or remove a dangerous or fallen tree, branch or limb to abate the nuisance if the land owner has failed to comply with the notice issued pursuant to Section 1232.05(d) above. The Village shall bill the land owner for the Village’s actual cost plus ten percent for administration which if not paid within 30 days shall be added to the tax roll and shall constitute a lien against the subject land which shall be collected and enforced in the same manner general property taxes are collected and enforced.
(Ord. 2010-04. Passed 5-10-10.)