1. Penalty: Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to provisions of this chapter, upon being found guilty of violation, shall be guilty of an infraction and be subject to a fine of one hundred dollars ($100.00) provided that if rule 9 of the Idaho infraction rules establishes a fixed penalty for this offense, the punishment shall be the amount fixed by said rule; and any penalties allowed by the city or state. (Ord. 198, 9-11-2002; amd. Ord. 244, 12-20-2012)
2. Separate Offense: Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense.
3. Second Offense: Any person found guilty of any infraction under this section for a second time in any twelve (12) month period shall be guilty of a misdemeanor and subject to any of the penalties allowed by the city or state.
4. Repair Or Replacement Costs: If, as the result of the violation of any provision of this chapter, the injury, mutilation, or death of a tree, shrub, or other plant located on city owned property is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest version of a guide to the professional evaluation of landscape trees, specimen shrubs, and evergreens, as published by the International Society of Arboriculture.
B. Failure To Comply: In the event that a nuisance is not abated by the date specified in the notice, the city arborist is authorized to cause the abatement of said nuisance. (Ord. 198, 9-11-2002)
Notes
| 1 | 1. See section 1-4-1 of this code for penalties for infractions and misdemeanors. |