(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Fines.
(1) Any person who violates the provisions of this chapter within five days of the date of the notice of the chapter violation, such violator shall pay a fine as follows:
Offense | First Offense | Second Offense |
Causing tree injury | $100 fine and tree repair or replacement | $200 fine and tree repair or replacement costs |
Topping | $200 and tree replacement costs | $500 fine and tree replacement costs |
Tree care, without permit, including unauthorized pruning causing tree injury | $100 fine and tree repair costs | $200 fine and tree repair costs |
Tree removal or vandalism | $200 fine, and tree repair or replacement costs | $500 fine, and tree repair or replacement costs |
(2) The fines will be collected by the City Clerk-Treasurer and transferred to the General Fund.
(C) Failure to pay fines. If a violator fails to pay fines within five days of the date of notice of code violation, such violation may be filed with the County Superior Court II and such violator may be summoned to appear before such court.
(D) Penalties. Any person violating any provision of this chapter upon conviction or a plea of guilty in the County Superior Court II shall be punished by a fine of not less than $100 and not more than $500. Each day a violation occurs shall be deemed a separate violation, unless otherwise provided by state law.
(E) Restitution. In addition to the fines set forth herein, any person who violates the provisions of this chapter shall make full restitution for any damages or injury to persons or property as a result of such violation, including, but not limited to, medical expenses, the value of any real or personal property which has been destroyed, or the cost of repairing any damage to real or personal property.
(F) Additional fees and cost. In addition to any fine or penalty set forth above, if a violation must be prosecuted through the County Superior Court II, the violator, upon conviction, shall pay reasonable attorney fees and court cost as determined by the court.
(Ord. 2019-25, passed on 5-13-2020)