(A) Any person violating any abatement order provided in this chapter shall be deemed guilty of an infraction.
(B) (1) It is unlawful and a misdemeanor for any person to remove a landmark/oak tree without a permit, or to fail to have a removal permit in one's immediate possession during the course of removing an oak tree, or for any person to violate any provision of a major tree conservation permit.
(2) Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Cal. Penal Code § 19c.
(C) Any violation of any provision of minor tree conservation permit shall be deemed an infraction and be punishable upon conviction as hereinafter set forth.
(D) (1) Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed $1,000 and/or six months in the county jail.
(2) Each day that a violation continues shall be regarded as a separate offense.
(E) (1) Any person convicted of an infraction of this chapter shall be punished by a fine not to exceed $500.
(2) Each day the violation continues shall be regarded as a new and separate offense.
(F) (1) Upon a person’s conviction of any violation under this chapter, the court shall, in addition to or in lieu of any other penalty provided and imposed under the chapter, order the defendant to pay a civil penalty assessment to the Landmark/Oak Maintenance Fund, as described in § 156.29 herein, which is designed as restitution to compensate the city and the community for the loss or diminution of economic, aesthetic, environmental and property values resulting from the loss of any oak tree or portion thereof, and for the city's costs and attorney's fees in prosecuting the matter.
(2) Such civil penalty shall reflect true value of the oak tree, based upon such factors as size, location and age.
(G) Such assessments will be used to provide financial assistance to those property owners qualifying for such assistance under § 156.28 herein.
(H) Any violation of any provision of this chapter may result in the immediate suspension of any permit previously issued for the construction and/or development of property upon which the violation occurred, until compliance with all mitigation measures required by this chapter is demonstrated to the satisfaction of the Director.
(Ord. 2006-009, passed 5-8-06)