(A) Tree removal. Removal of any tree in violation of §§ 96.20 through 96.26 shall be punishable by a fine determined by the location of the violation. Each tree removed in violation shall bear a fine not to exceed $1,000 in the public right-of-way, $750 in the front yard, $500 in the side yard, and $300 in the rear yard. 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 the surrounding ground level. Where a tree stump has been ground out, the applicable fine shall be increased by 25%.
(B) Replacement. In issuing a permit authorizing the removal of a tree pursuant to § 96.21 or in establishing the replacement required for a tree as required by § 96.23, the size of each replacement tree shall be no less than two inches DBH at the time of planting and of a species from the approved village arbor list. The location and the species of the replacement tree shall be approved by the appropriate village office. The Mayor may waive or reduce the requirement for planting a replacement tree, or trees, if such action is consistent with the purposes of §§ 96.20 through 96.26, in which case the costs associated with the appropriate replacement tree or trees will be placed in the Tree Perpetuation Fund.
(D) Fines. Fines received from these violations will be placed in a Tree Perpetuation Fund and shall not be spent by the village for any other purpose except to offset the cost of services provided by the Village Arborist.
(2000 Code, § 97.26) (Ord. O-3-05, passed 1-10-2005)