A. Any person who violates any provision of this chapter shall be deemed guilty of an infraction and may be punished by a fine of not more than one hundred dollars ($100.00). Each violation, including the removal of each public tree, may be considered a separate violation. Should any person be found guilty in any court of competent jurisdiction or otherwise plead guilty to an alleged violation hereof, the court may order restitution if the Hayden community forest is diminished or harmed as a consequence of such violation. A restitution recommendation for a damaged or removed tree(s) shall not exceed an amount calculated using the equivalent value determination formulas contained in the "Hayden Tree Standards Manual". Such restitution amount shall be recommended to the prosecutor by the city administrator or the administrator's designee. The city may also seek restitution by civil action.
B. The city may undertake civil legal action in a court of competent jurisdiction to seek to enjoin conduct which violates the provisions of this chapter or to recover the reasonable costs of actions deemed necessary to bring about compliance herewith. Said actions may also seek restitution for damages and costs incurred to remedy the consequences of violation.
C. Replacement of a public tree shall be required when removal of a public tree without authorization from the city administrator or the administrator's designee has occurred. Replacement shall follow the procedures set forth in this chapter. Said obligation of replacement shall be in addition to other sanctions required by this chapter. Replacement may be required at a location different from the place of removal. (Ord. 332, 12-16-2002)