(A) General. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Required corrections.
(1) Tree removal.
(a) Removal of any tree in violation of this chapter shall be punishable by a fine of not more than $750 per violation, with every inch of the tree measured at DBH being a separate violation.
(b) The diameter of any trees that are removed prior to the issuance of a permit shall be determined by the diameter of the stump where cut at six inches from surrounding ground level.
(c) In the case where a stump has been removed, the diameter of the tree shall be determined by the Director based on a prior tree survey or an aerial photo.
(d) In addition to the applicable fine, each tree removed, or determined by the Director to be irreparably damaged, shall be replaced consistent with division (B)(2) below.
(2) Replacement.
(a) In issuing a permit authorizing the removal of a tree pursuant to § 99.016 or in establishing the replacement requirement for a tree as required by division (B)(1) above, the size of each replacement tree shall be no less than three inches DBH at the time of planting.
(b) The location and the species of the replacement tree shall be approved by the Director.
(c) The Director may waive or reduce the requirement for planting a replacement tree, or trees, if such action is consistent with the purposes of this chapter.
(3) Removal of vegetation in protected areas.
(a) Removal of vegetation in conservation areas, on bluffs or ravines, in the public right-of-way and in other areas protected by this chapter shall be punishable by a fine of not more than $750 per violation, with every 100 square feet of land area cleared or fraction thereof being a separate violation.
(b) A replacement landscape plan shall be submitted for approval within 30 days of the violation.
(c) The landscape plan shall be designed to restore the area to its previous planting density with native vegetation.
(d) In addition to the fine, a cash bond shall be posted with the city to ensure replanting of the area in a manner consistent with the vegetation removed subject to the approval of the Director as specified in § 99.016.
(e) The amount of the cash bond shall be 100% of the cost of replanting.
(f) Replanting shall occur within a time frame as established by the Director and interim measures shall be required by the Director to prevent stormwater run off and erosion.
(4) Tree trimming and pruning.
(a) Trimming or pruning of any tree by for profit tree services or utility companies in violation of this chapter shall be punishable by a fine of not more than $500 per violation with each tree trimmed or pruned being a separate violation.
(b) In the event that the trimming or pruning is determined by the Director to likely cause the death of the tree or shrub, the provisions of division (B)(1) above shall be applicable in lieu of this division (B)(4).
(5) Tree or vegetation removal; stop work order.
(a) The Director shall have the authority to stop work at a site if unauthorized tree or vegetation removal is occurring.
(b) Once a stop work order is issued, work shall not commence until:
1. The necessary permits have been issued;
2. Any applicable fine has been paid; and
3. The requirements of divisions (B)(1) through (B)(3) above have been satisfied.
(c) Violations of a stop work order shall result in a fine of $500 for every activity in violation of the stop work order, and any violation of a stop work order shall subject the offending person to arrest.
(Prior Code, § 42-12)
(C) Penalty for noncompliance.
(1) Any person, firm or corporation violating any provision of §§ 99.135 through 99.142 by failing, neglecting or refusing to comply with the provisions of any notice herein provided for, within 30 days after the service thereof, or, who shall resist or obstruct the Director of Parks and Recreation, in carrying out the provisions of this chapter, shall be guilty of a misdemeanor punishable by a fine of not less than $50 nor more than $750 for each offense.
(2) Each day that a violation continues shall be deemed a separate offense.
(Prior Code, § 42-73)
(Ord. 01-38, passed 12-3-2001; Ord. 2010-16, passed 5-3-2010; Ord. 2010-32, passed 6-7-2010)