(A) Any person failing or refusing to trim or remove his said trees or to allow them to be trimmed or removed after five days written notice from the City Manager or Chief of Police, shall be guilty of a violation and shall be fined not less than $5, nor more than $250 for each offense; and in addition thereto, the city authorities shall have the right to have said trees trimmed or moved at the expense of the owner.
(B) Tree Advisory Board.
(1) As a result of the violation of any provision of §§ 97.15 et seq., whether by fault in accident or vandalism, which results in the injury, mutilation or death of a public tree, the party in violation or fault shall be responsible for the cost of repair or replacement of such tree.
(2) In addition to being responsible for the replacement value, violations of §§ 97.15 et seq. shall be subject to the following schedule of civil fines:
(a) If a citation for a violation of §§ 97.15 et seq. is not contested by the person charged with the violation, the maximum penalties below shall apply; however, the Board may waive any or all of a penalty for an uncontested violation, if in its discretion, the Board determines that such waiver will promote compliance with this §§ 97.15 et seq. The penalties listed below are for each day a violation continues, beginning on the first day after the ending date of the correction period given in the citation. A second offense is an offense that occurs within five years of the determination by the Code Enforcement Board of a prior offense. All others are those that occur within five years of the determination by the Code Enforcement Board of two or more prior offenses.
Violation | First Offense | Second Offense | All Others |
Public Tree Violation | $100 | $200 | $400 |
(b) If the citation is contested and a hearing before the Board is required, the following maximum penalties may be imposed at the discretion of the Board:
Violation | First Offense | Second Offense | All Others |
Public Tree Violation | $150 | $250 | $450 |
(3) Enforcement. Sections §§ 97.15 et seq. shall be enforced by any designated code official or code enforcement officer.
('79 Code, § 14-25) (Ord. 06-45, passed 12-12-06)