(A) Whenever the Tree Board shall determine that any street tree or park tree has been impaired, damaged or broken in a manner which will cause immediate or future removal of the tree and that the removal is deemed premature and untimely based on the condition, vigor, location, kind, and age of the tree, and the Board shall have knowledge of the person causing the damage, the Board shall assess against the responsible person the value of the tree as determined by use of the State Forestry and Parks Association Shade Tree Evaluation Chart or, at the election of the Board, by appraisal.
(B) Whenever the Tree Board shall determine that any street tree or park tree has been severed, destroyed, or removed, and that the severing, destruction, or removal is deemed premature and untimely based on the condition, vigor, location, kind, and age of the tree, and the Board shall have knowledge of the person causing the damage, the Board shall assess against the responsible person the value of the tree as determined by the State Forestry and Parks Association Shade Tree Evaluation Chart or, at the election of the Board, by appraisal.
(C) This section shall not be construed in such a way that the value received by the city shall be less than the actual cost of the removal of the tree and replacement with a tree determined comparable by the Tree Board, which replacement tree to be not less than three inches in diameter measured at the height of six inches above the ground. The Tree Board shall not be restricted in its choice as to the replacement planting site.
(D) It shall be the duty of the Police Department having knowledge of the damage or destruction to street trees or park trees and having knowledge of the person or persons causing the damage to immediately report this information to the Tree Board.
(1993 Code, § 97.19) (Ord. 94-5, passed 11-21-1994)