[Amended 8-24-1983 by Ord. No. 32-1983; 5-29-2001 by Ord. No. 14-2001]
A. Notice of violation. The Arborist or his/her designee shall serve a notice of violation of the person in violation of this Part or of a plan approved thereunder or in violation of a permit or certificate issued under the provisions of this Part. Such notice shall direct the abatement of such violation.
B. Appeal process. While the Arborist or his/her designee strives to provide the most accurate tree/tree risk assessments possible property owners may sometimes feel that the Arborist or his/her designee is incorrect. The assessment appeal process allows property owners the opportunity to dispute the observations determined by the Arborist. Property owners should file an appeal in writing when the tree/tree risk assessment of their property does not accurately reflect what they believe is correct.
Appeals must be filed in writing within ten (10) days of the receipt of the notice of violation. The appeal must state whether or not the property owner wishes to appear before the Shade Tree Commission at their next regularly scheduled meeting. The Arborist will attempt to prioritize appeals not requesting an appearance before the Shade Tree Commission.
C. Prosecution of violation. If the violation is not abated within the time specified in the notice of violation, the Officer may request the City Solicitor to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation.
D. Penalties.
(1) Penalties. Any person, firm or corporation who shall violate any provision of this Part or who shall fail to comply with any of the requirements thereof or who shall conduct activities in violation of a permit issued under the provisions of this Part, or who shall, without having applied for and received an approved permit, conduct activities for which a permit is required under the terms of this Part, who shall willfully, maliciously or negligently destroy or injure any shade trees shall be, upon conviction thereof, sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall be deemed a separate offense.
(2) Disposition of penalties or assessments. All penalties or assessments imposed under this Part shall be paid to the City Treasurer, to be placed to the credit of the Shade Tree Commission, subject to be drawn upon by the Commission for the purposes authorized in this Part.7
7. Editor's Note: Original § 25-110, Amendments, which immediately followed this section, was repealed 6-13-2011 by Ord. No. 26-2011.