(a) In addition to any penalty provided for in the event of a conviction for a violation of this chapter, and notwithstanding whether or not the City has commenced a civil suit for injunctive relief, any person who removes or causes any tree to be removed except in accordance with this chapter shall forfeit and pay to the City a civil fee equal to the total value of trees illegally removed or damaged, as computed from the International Society of Arboriculture shade tree value formula. The fee shall accrue to the City and, if necessary, the City may file a civil action to recover the fee. The City shall place any sum collected in the City Tree Fund. Alternatively, the City may require replacement of illegally removed or damaged trees as restitution in lieu of the fee. Reimbursement for expenses shall be made to the City's Tree Fund if the Department performs any work associated with removing, trimming, or replacing damaged trees. Replacement will be on an inch-to-inch basis computed by adding the total diameter measured at DBH in inches of the illegally removed or damaged trees. The City may use other reasonable means to estimate the tree loss if destruction of the illegally removed or damaged trees prevents exact measurement. The City may also require a combination of fee payment and tree replacement.
(b) Additionally, in the event of an illegally removed tree from a public right-of-way, an additional fee of five hundred dollars ($500.00) shall be assessed to reimburse the City for its costs in the administration and enforcement of this section, and for labor costs associated with remediation; seven hundred fifty dollars ($750.00) for a second offense by a person or entity within one year of a first offense; and one thousand dollars ($1,000) for each additional tree removed.
(Ord. 708. Passed 11-8-00; Ord. 829. Passed 6-14-06.)