(A) The Public Services Director is authorized and empowered to enforce the requirements of this chapter in accordance with the procedures of this section.
(B) If, upon inspection or investigation, the Director or his or her designee is of the opinion that any person has violated any provision of this chapter, he or she shall with reasonable promptness issue a correction notice to the person. Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this chapter which has been violated. In addition, the notice shall set a reasonable time for the abatement and correction of the violation.
(C) If it is determined that the violation or violations continue after the time fixed for abatement and correction has expired, the Director shall issue a citation by certified mail to the person who is in violation. Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this chapter which has been violated and what penalty, if any, is proposed to be assessed. The person charged has 30 days within which to contest the citation or proposed assessment of penalty and to file a request for a hearing with the Director or his or her designee. At the conclusion of this hearing, the Director or his or her designee will issue a final order, subject to appeal to the appropriate authority. If, within 30 days from the receipt of the citation issued by the Director, the person fails to contest the citation or proposed assessment of penalty, the citation or proposed assessment of penalty shall be deemed the final order of the Director.
(D) Any person who violates any provision of this chapter may be liable for any cost or expenses incurred as a result thereof by the city for replacement of damaged or disturbed vegetation. Additional penalties may be assessed under division (E) of this section.
(E) Penalties which may be assessed for those deemed to be in violation may include:
(1) A civil penalty not to exceed $500 for each violation with each day's continuance considered a separate violation;
(2) A criminal penalty in the form of a fine of not more than $500 for each violation or imprisonment for not more than 90 days or both. Every day that such violations shall continue will be considered a separate offense; and
(3) Anyone who knowingly makes any false statements in any application, record, plat or plan required by this chapter shall upon conviction be punished by a fine of not more than $500 for each violation or imprisonment for not more than 30 days or both.
(F) In addition to any other sanctions listed in this chapter, a person who fails to comply with the provisions of this chapter shall be liable to the city in a civil action for damages in an amount equal to twice the cost of restoring the buffer. Damages that are recovered in accordance with this action shall be usedfor the restoration of buffer systems or for the administration of programs for the protection and restoration of water quality, streams, wetlands and floodplains.
(Ord. passed 8-13-03)