(A) Whoever violates this subchapter, in addition to any other fines, or fees, shall be subject to the following provisions:
(1) Fines: first offense, $500; second offense, $1,000; third and subsequent offense, $2,500.
(2) All violations that are committed by the same person or any firm controlled by such person shall be counted, regardless of whether or not the violations occur at the same time. Any finding or plea of guilty or plea of "no contest" upon a citation shall be deemed a violation.
(B) Any entity or person who injures a public tree shall be held responsible for the costs of repairs, such as pruning or cabling, if the injured tree will not die as a result of such injuries. In cases where the tree has been damaged beyond repair and cannot remain in the public right-of-way, the entity or person responsible for the damage shall remove the tree and stump at their own costs, or if the tree is an immediate hazard, the entity or person shall pay the cost the city incurs in its removal.
(C) In addition to any fines that may be assessed for violation of this section, the person shall pay to the city a sum equal to the value or partial value of the tree lost as a result of the violation. The value or partial value of the tree lost shall be as determined by the Department of Public Works 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 used in the tree value calculations for northern Illinois shall be obtained from the most current edition of the Species Ratings and Appraisal Factors for Illinois prepared by the Illinois Arborist Association. The collection of this fee shall be used by the city for the replacement of the damaged or destroyed tree. Any remaining funds after the damaged or destroyed tree has been replaced will be deposited into a tree planting fund to be administered by the Director of Public Works.
(D) If the entity or person cannot pay the fines and fees, a lien shall be placed against the property.
(Ord. 2008-11-0207O, passed 11-25-2008)