(a) Injury to or Destruction of Trees Prohibited. It shall be unlawful for any person to intentionally, maliciously, or through gross negligence Injure or destroy a Street Tree, any Tree on City property, a Significant Tree, or a Landmark Tree. Removal of a Tree under City order or Removal in accordance with a permit issued pursuant to Section 806, 810, or 810A of this Article 16 is exempt from this prohibition.
(b) Injury to or Destruction of Landscape Materials Prohibited. It shall be unlawful for any person to intentionally, maliciously or through gross negligence Injure or destroy any Landscape Material in any Street median, center strip, or other landscaped portion of a public right-of-way under the City's jurisdiction, except as authorized by the Department.
(c) Construction Work: Protection of Trees Required.
(1) It shall be unlawful for any person to engage in any construction work on private or public property without first taking steps to protect Street Trees, Significant Trees, and Landmark Trees from damage, including damage caused by soil compaction or contamination, excavation, or placement of concrete or other pavement or foundation material. If excavation, construction, or Street work is planned within the dripline of a Significant Tree, a Landmark Tree, or a Tree on any Street or other publicly owned property said Tree(s) shall be adequately protected. If any construction work results in the Injury or damage to such Trees, the responsible party(ies) may be subject to the penalties set forth in Section 811 of this Article.
(2) Prior to Department of Building Inspection issuance of a building permit or site permit, the applicant for a project that may damage one or more Street Trees, Significant Trees, and/or Landmark Trees shall submit a Tree protection plan to the Director for review and approval.
(3) Prior to issuance of a Public Works permit for excavation, construction, or Street work that will occur within the dripline of a Significant Tree, a Landmark Tree, or a Tree on any Street or other publicly owned property, the applicant shall submit a Tree protection plan to the Director for review and approval.
(4) If the Public Utilities Commission or Municipal Transportation Agency plans to perform any excavation, construction, or Street work within the drip line of a Significant Tree, a Landmark Tree, or a Tree on any Street or other publicly owned property, said department shall submit a Tree protection plan to the Director for informational purposes only.
(5) The Tree protection plan referenced above in subsections (c)(2)-(4) shall be prepared by a certified arborist and shall contain the certified arborist’s estimate of the total replacement cost of all Trees subject to the Tree protection plan. The Tree protection plan shall include a section for the applicant to acknowledge receipt of the total estimated replacement cost and the applicant’s understanding that failure to adhere to the plan shall result in liability for the replacement costs as well as any other fines, penalties, or fees for violating the provisions of this Article 16.
(7) An applicant's or permittee's failure to obtain a Director approved Tree protection plan pursuant to Subsections (2) or (3) above, shall be deemed in violation of the subject permit. The Director may enforce such a violation under the terms of the relevant Public Works permit, including a requirement that all work stop until the applicant or permittee complies with this Section. In the case of a Department of Building Inspection building or site permit, the Director shall request the Director of Building Inspection to initiate an enforcement action under the Building Code, including a requirement that all work stop until the applicant or permittee complies with this Section.