913.04 PROTECTION OF TREES.

   Except as authorized by permit issued by the City Forester:

   (a)   In the erection, alteration or repair of any building, structure or other work, the owner, his agent or individual contractor shall take all measures necessary to prevent injury to public, commercial, multi-family and single family residential trees.

   (b)   No person shall deposit, place, store or maintain upon any treelawn or public, commercial or multi-family residential place any stone, brick, sand, concrete or other materials which may impede the free passage of water, air or nutrients to the roots of any public, commercial, multi- family or single family residential tree.

   (c)   No person shall intentionally damage, cut, carve, transplant or remove any public, commercial or multi-family residential tree; attach a rope, wire, nails, advertising, poster or other devices to any public, commercial, multi-family or single family residential tree; allow any gaseous, liquid or solid substance which is harmful to such public, commercial or multi-family residential trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public, commercial or multi-family residential tree.

(Ord. 222-01. Passed 9-4-01; Ord. 193-02. Passed 5-20-02.)

913.05 APPEALS.

   Any person affected by any order or decision of the City Forester pursuant to this chapter may request and shall be granted a hearing before the Service Director. Such appeal shall be requested in writing within ten days of the date of ruling. The Service Director shall have the power to reverse or affirm in whole or in part, or modify such order or decision when, upon presentation of evidence, it clearly appears:

   (a)   That the order or decision is not consistent with the provisions of this chapter; or

   (b)   That by reason of special condition, undue hardship shall result from a literal application of the provisions of this chapter.

(Ord. 222-01. Passed 9-4-01.)

913.99 PENALTY.

   Whoever violates or fails to comply with any provision of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000.00). This fine shall reflect the damage done by the person convicted. Such fines shall be paid into a fund established by the Auditor for that purpose and used solely for the purpose of enhancing the urban forest.

(Ord. 222-01. Passed 9-4-01.)