(a) Violations. Any person who violates any provision of this article or who fails to comply with any notice issued pursuant to provisions of the article, upon being found guilty of violation, shall be subject to a fine not to exceed one hundred dollars ($100.00) for each separate offense. Each day during which any violation of the provisions of this article shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this article, 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 of such tree, shrub, or other plant shall be borne by the party in violation. The replacement values of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens", as published by the International Society of Arboriculture.
(b) Assessment of Claim. In the event that a nuisance is not abated by the date specified in the notice, the City is authorized to cause the abatement of such nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to prosecution.
(c) Appeals. All hearings shall be open to the public. The appellant, the Shade Tree Commission or its agent and any person, whose interests are affected shall be given an opportunity to be heard before the Martinsburg City Council. The procedures shall not require compliance with strict rules or evidence but shall mandate that only relevant information be received. Council shall render its decision within thirty days.
(Ord. 93-2. Passed 2-11-93.)