(A) The Division and any Louisville Metro Code Enforcement Officer shall have the right of entry onto all lands within Louisville Metro at reasonable times for purposes of determining whether a tree presents a public nuisance, as that term is defined in subsection (7) under the definition of Public Nuisance in § 156.005, subject to constitutional restrictions on unreasonable searches and seizures.
(B) When the Division determines that work or other activities affecting public trees is being conducted in violation of this chapter, is not authorized by any applicable permits and poses irreparable damage to trees or threatens public safety, the Community Forester and his or her designee is authorized to issue a stop work order requiring the person or entity to cease work until a review of the activity can be conducted by the Division.
(C) A violation of this chapter shall be classified as a civil offense and shall be enforced through the Code Enforcement Board as provided in §§ 32.275, et seq., or as it may be amended. All monies collected pursuant to the monetary penalty provisions of this chapter shall be held in the Fund in accordance with § 102.11.
(D) (1) Any violation of Chapter 102 involving the removal of a live public tree shall constitute an offense and be subject to a fine as calculated below. For the purposes of calculating fines, DBH (Diameter at Breast Height) shall be the top diameter of the stump less than four and one-half feet above the ground. Each day a violation continues after a deadline for compliance has passed shall constitute a separate offense. Each tree in an offense involving multiple trees shall constitute a separate offense.
DBH OF TREE REMOVED | FINE |
Less than or equal to 24" | $250 per tree |
Greater than 24" up to and including 36" | $500 per tree |
Greater than 36" up to and including 48" | $750 per tree |
Greater than 48" | $1,000 per tree |
(2) Any other violation of Chapter 102 other than the removal of a live public tree shall be subject to a fine of $250 per violation. Each day a violation continues after a deadline for compliance has passed shall constitute a separate, related offense. Each tree in an offense involving multiple trees shall constitute a separate offense.
(3) The total amount of fines imposed with respect to any single offense or multiple related offenses may not exceed $10,000.
(4) In addition to the foregoing monetary penalties set out in this section, when a violation of this chapter results in the injury, mutilation or death of a live public tree, the cost of repair or replacement, and/or the appraised dollar value of such trees shall be borne by the person who violated the chapter.
(5) The fines established in this schedule of penalties may be adjusted not more than once every two years by the Division of Community Forestry to reflect increases in the most recently published Consumer Price Index, provided that the maximum total imposed may not exceed $10,000.
(E) Louisville Metro Government shall possess a lien on the property of the person committing the violation for all fines, penalties, charges and fees imposed pursuant to this section. The lien shall be superior to and have priority over all other subsequent liens on the property except state, county, School Board and Louisville Metro Government taxes.
(F) In addition to the foregoing monetary penalties set out in this section, when a violation of this chapter results in the injury, mutilation or death of a live public tree, the cost of repair or replacement, and/or the appraised dollar value of such tree shall be borne by the person who violated the chapter.
(G) In addition to the civil enforcement mechanism provided for the correction of violations under this chapter, the County Attorney may institute an action for the recovery of any penalties and costs otherwise authorized in this chapter, and bring an action for an injunction against any person violating or threatening to violate any provision of this chapter or any standard established by the Division pursuant thereto.
(Lou. Metro. Ord. No. 221-2017, approved 12-14-2017; Lou. Metro Am. Res. No. 165-2018, approved 11-16-2018)