A. Violations Of This Article:
1. Any person who violates or permits the violation of any provision of this Article, a condition of a tree removal or tree trimming permit, or a tree restoration plan imposed by Section 23.19.08C., shall be subject to any of the enforcement remedies set forth in Article 4 (Violations) and Article 6 (Administrative Procedures And Penalties For Code Violations) of Chapter 1 of this Code.
2. Any contractor or business who violates or permits the violation of any provision of this Article, a condition of a tree removal or tree trimming permit, or a tree restoration plan imposed by Section 23.19.08C., shall be subject to any of the enforcement remedies set forth in Article 2, Section 14 of Chapter 11 (Revocation or suspension of a license or permit), in addition to those provided herein.
3. Any gardener or tree trimming contractor who does not have a city business license, shall be subject to the penalties set forth in Article 4 (Violations) and Article 6 (Administrative Procedures And Penalties For Code Violations) of Chapter 1 of this Code.
B. Penalties: Any person who damages or removes a tree in violation of this section is guilty of a misdemeanor, except, at the discretion of the city prosecutor, the violation may be reduced to an infraction. Persons violating any of the provisions of this Article also shall be subject to the following:
1. The standard inspection fee;
2. Double the required tree removal or trimming permit fee, as applicable; and
3. The payment of a tree replacement fine in an amount up to, but not to exceed, double the value of the destroyed, removed or damaged tree. The city arborist shall determine the value of the destroyed, removed or damaged tree by using the most recent edition of the ISA Guide for Plant Appraisal.
4. All penalties and additional costs related to a tree violation must be paid to the city prior to its issuance of building or construction-related permits unless, in the opinion of the Community Development Director, such permits are necessary for the preservation of public health, safety or welfare.
C. Tree Restoration Plan: In addition to any penalties imposed pursuant to this Article, any property owner who damages or removes an Established Tree, heritage tree, or oak tree, or who permits the damage, severe pruning, topping or removal of any established tree, heritage tree, oak tree, on his/ her property in violation of the terms of this Article, shall restore the environment by planting one or more trees in such quantity that the Community Development Director or his/her designee requires as part of a tree restoration plan. The requirements for and the regulations regarding a tree restoration plan are as follows:
1. A tree restoration plan shall be based on planting sufficient trees as are necessary to provide an amount of tree canopy reasonably equal to the amount of the tree canopy that was unlawfully removed as determined by the Community Development Director or his/her designee.
2. In the case of unlawful removal of a tree, the tree restoration plan shall require the planting of not less than one (1) thirty six inch (36") box size tree, and the total of the diameter of the trees to be planted shall be equal to the diameter of the tree that was unlawfully removed.
3. In the event that the diameter of the tree that was unlawfully removed cannot be determined, the tree restoration plan shall be based on the likely diameter of the unlawfully removed tree determined by the City's Urban Forester, or a City-appointed certified arborist, using the best evidence available.
4. The tree restoration plan shall require the tree(s) to be planted in those location(s) that will best restore the visual environment to the environment that existed before the unlawful and irreversible tree damage or removal occurred, as determined by the City's Urban Forester, or a City-appointed certified arborist, using the best evidence available.
5. If the Community Development Director or his/her designee determines that the property cannot accommodate the number of trees required to be planted by this subsection, the tree restoration plan shall require the trees to be planted on publicly owned property at locations determined by the Community Development Director or his/her designee.
6. The property owner may select the species of tree(s) to be planted from a list of tree species designated by the Community Development Director, provided that the City's Urban Forester or a City-appointed certified arborist determines the tree(s)' size and height is equal to the tree that was unlawfully and irreversibly damaged, except in the case of oak trees which must be replaced with oak trees.
7. The Community Development Director shall reconsider a tree restoration plan established in connection with a tree that was unlawfully removed, or irreversibly damaged if the replacement tree(s) dies within three (3) years from the date of the tree removal or damage, and may impose additional replacement requirements.
9. Failure to comply with an approved tree restoration plan shall constitute a separate violation of this Article.
10. Payment of any penalty and planting of replacement trees shall occur within sixty (60) calendar days of the date the violator was directed to take such action by the Community Development Director. If the property owner does not complete planting of replacement trees within the allotted time, the Community Development Director, at the expense of the property owner, may procure and plant the requisite replacement trees, and the property owner shall be responsible for reimbursing the city for such additional costs. Reimbursement is due and payable within thirty (30) calendar days of the city's issuance of a billing statement. If payment of the penalty is not received by the city in sixty (60) calendar days, the city manager can instruct that the outstanding obligation be collected in any of the following manners:
a. A civil action in the name of the city, in any court of competent jurisdiction; or
b. Use of a debt collection agency; or
c. A lien on the subject property, following notice and a public hearing.
(Ord. O-20-1369, 2-10-2021)