In the event a person abuses a park or street tree in violation of this chapter, the violator shall be responsible to undertake maintenance and/or other remedial action the city determines is reasonably necessary to protect public health, safety and property, and to help the tree survive and recover from the damage incurred. Remedial action and replacement required under this section for a first violation shall be completed within thirty (30) days of notice from the city that such actions are required. If the natural habit of growth of the tree is destroyed, the violator may be issued a notice to remove the abused tree and install a replacement tree or pay for the cost of replacement.
The city may require the violator to immediately undertake remedial action in the event the abused tree is an immediate threat to the public or property. If the city, in its best judgment and sole discretion, deems the violator is not competent to, or cannot safely carry out the required remedial work, the city may perform the necessary work with costs being subject to the violator. If a person refuses or neglects an issued notice, after the notice has expired, the city may carry out the work required therein, with costs being subject to that person.
Any subsequent violation of the provisions of this chapter by any person shall be a misdemeanor, and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00). (Ord. 873, 11-1-2010)