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No person shall hinder, prevent, delay or interfere with the Tree Commission, or any of its agents, while engaged in carrying out the execution or enforcement of this chapter on public or private property; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the Municipality.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
(EDITOR'S NOTE: Section 943.25 was repealed by Ordinance 42-99, passed June 28, 1999.)
The Tree Commission may act as trustee for any property, assets or funds donated to the Municipality for the care and maintenance of public trees, provided the donor designates or provides for the designation of the Commission as such trustee. In such an event, the Commission shall have all those powers and duties necessary to carry out the purpose of the trust.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
(a) Any adjustment of the standards required by this chapter or an appeal of a decision of the City Arborist shall be presented to the Tree Commission which shall approve or deny such appeal based upon the requirements of this chapter, the Master Tree Plan, or potentially unresolvable hardships. This application shall clearly and in detail state what adjustments or requirements are being sought, reasons such adjustments or requirements are being sought, reasons such adjustments are warranted and shall be accompanied with such supplementary data as is deemed necessary to substantiate the adjustment. The decision of the Tree Commission is final.
(b) The Tree Commission shall act on the application as expeditiously as possible and shall notify the applicant in writing within five business days of the action taken.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15; Ord. 03-18. Passed 2-26-18.)
In the event of a conflict between any provisions of this chapter, including any rules and regulations adopted pursuant to its provisions and any provisions of any other ordinances of the City including any rules and regulations adopted pursuant to such ordinances, the more restrictive provision or provisions shall prevail.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
Any person or firm violating any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter shall be subject to a fine not to exceed five hundred dollars ($500.00) for each separate offense; each day during which any violation of the provisions of this chapter occurs or continues shall be a separate offense. If, as the result of the violation of any provision of this chapter, the injury, mutilation or death of a tree is caused, the cost of repair or replacement of such tree shall be borne by the party in violation. The replacement value of trees shall be determined in accordance with the latest revision of “Valuation of Landscape Trees, Shrubs and Other Plants”, as published by the International Society of Arboriculture.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)