A. Criminal Penalties. Any person, including but not limited to the property owner, the person performing the work and/or any other responsible person, who violates any requirement of this chapter or any condition imposed upon any permit issued hereunder shall be guilty of a misdemeanor. Criminal penalties may be issued pursuant to Chapter 1.12 of this Pinole Municipal Code.
B. Civil Penalties.
1. For each protected tree that dies through the fault of the applicant, the Community Development Director shall levy a civil penalty not to exceed fifty dollars ($50) for each inch of circumference of the protected tree's stem, measured four and a half (4 1/2) feet above the natural grade. A protected tree shall be presumed to have died through the fault of the applicant unless the applicant can prove that the protected tree died for reasons beyond the applicant's control.
2. In addition to such penalty, whenever the cost of replacing a protected tree for which a civil penalty is levied is less than the appraised value of the tree included with the permit application, the applicant shall also pay to the city the difference between that appraised value and the cost of the replacement tree. The applicant's verified receipt for the cost of the replacement tree shall be conclusive proof of that cost. If the applicant chooses not to submit such a receipt within ten (10) days following replacement of tree, then the Community Development Director shall determine the value of the replacement tree.
3. The Community Development Director shall be responsible for making any necessary factual determination under this section and shall put such determination in writing and mail it to the applicant.
4. Whenever the applicant disagrees with the determination of the Community Development Director under this section, he or she may file a written request with the Community Development Director for appeal of his or her decision. Such request must be filed within ten (10) days after the city has mailed to the applicant a written notice of the Community Development Director's initial determination.
C. Appeal of Civil Penalty.
1. Any person may appeal the actions of the Community Development Director to the planning commission by filing an appeal with the City Clerk pursuant, to the procedures set forth for a public hearing as provided in Section 17.40.030.A and B. And thereafter appeal to the City Council as provided in Section 17.40.030.C.
2. The penalties collected pursuant to this section shall be used, in the following order of preference and at the direction of the Community Development Director: to provide additional trees on the applicant's property; to upgrade street trees on peripheral streets; to beautify public places in the area of the applicant's property; or to provide landscaping on city property.
D. Penalty Payment. All penalty payments shall be made in the Community Development Department.
E. Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive, cumulative and in addition to any other remedy the city may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter. The city reserves to itself in its discretion the ability to permit an applicant to replace any protected tree illegally removed with a new tree of equal or greater size or value in lieu of or in addition to any penalties. (Ord. 2010-02 § 1 (part), 2010)