17-11-11 Compliance
A.   Failure to comply with the requirements of the approved native plant program shall cause immediate suspension of all inspection activity. Inspection(s) shall not resume until a sum of money is paid to the town for the purpose of replacing and maintaining protected native plant materials as required in the approved native plant program.
B.   The planning commission shall determine the sum of money to be paid to the town from the following schedule:
   1.   Protected native trees - $300 per caliper inch (measured one foot above ground level).
   2.   Protected native cacti - $200 per foot.
   3.   Maximum per plant - $10,000.
   4.   Determination of the sum of money to be paid to the town pursuant to this section shall be based upon the type, size, density, distribution, and condition of plant materials that existed on the property prior to the violation, or upon inspection of the remains of destroyed plant materials or other physical evidence as may be available.
C.   The sum of money required by this subsection shall be used to replace removed or damaged plant materials whose retention was required by this ordinance and to maintain replacement plant materials for a period of three years. Additionally, 15% of the total amount payable shall be kept by the town as payment for the enforcement of these regulations and administration of the agreement specified below.
D.   Prior to issuance of any permits for development of the property on which the violation occurred, the property owner shall enter into an agreement with a landscape installation and maintenance service and the town to ensure replacement and three years maintenance of the replacement plant materials, to provide disbursement of the sum of money for the purposes of replacement and to pay administrative costs. The sum of money paid to the town in excess of the amounts specified in the agreement shall be refunded.
E.   An on-site visit will be conducted by staff at the time of final installation to approve compliance with the native plant program and permit and the approved landscape plan prior to authorizing a certificate of occupancy. The zoning inspector may recommend correction of non-compliance items that will need to be corrected. Re-evaluation shall be made within an agreed upon time frame. Prior to receiving a certificate of approval or occupancy, all non-compliance items shall be completed to specification in this chapter. The property owner, agent or other authorized personnel will be notified in writing of the non-compliance items by planning department staff.
F.   The planning department staff will periodically spot-inspect all native plant salvage projects and all landscape installations for compliance with the approved native plant program and permit and the approved landscape plans and on-going maintenance as required in this chapter.