(A) Any person who damages a city tree, shrub or other plant, as provided in § 53.06 of this chapter, shall be held responsible for the costs of any required repairs, such as pruning or cabling, if the injured tree, shrub or other plant will survive notwithstanding such injuries. In cases where a city tree, shrub or other plant has been damaged beyond repair and cannot survive, the person responsible for such damage shall reimburse the city for the cost of removal of the tree, shrub or other plant, and any stump.
(B) In addition to any fines that may be assessed upon conviction of a violation of this chapter, as set forth in division (C) of this section, the person responsible for damage to a city tree, shrub or other plant shall pay to the city a sum equal to the value or partial value of the tree removed as a result of such damage. The value or partial value of the tree lost shall be as determined by the city using the most current edition of the Guide for Plant Appraisal prepared by the Council of Tree and Landscape Appraisers, and edited, published and copyrighted by the International Society of Arboriculture. Various factors to be used in tree value calculations for northern Illinois may be obtained from the most current edition of the Species Ratings and Appraisal Factors for Illinois prepared by the Illinois Arborist Association.
(C) (1) In addition to any other fees or costs, any person who is convicted of a violation of this chapter shall be subject to the following fines:
First offense | $ 500 |
Second offense within the same year | $1,000 |
Third and subsequent offenses within the same year | $2,500 |
(2) All violations that are committed by the same person shall be considered in determining the appropriate fine.
(Ord. 08-41, passed 11-25-08)