Skip to code content (skip section selection)
A. Unless otherwise noted herein, a violation of any provision of this Chapter shall constitute a misdemeanor.
C. Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed one thousand dollars ($1,000.00) and/or six months in the county jail. Each day that a violation continues shall be regarded as a separate offense.
D. Any person convicted of an infraction of this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00). Each day the violation continues shall be regarded as a new and separate offense.
E. Upon a person being convicted of any violation under this chapter, the court shall, in addition to, or in lieu of, the above penalties, or any other penalty provided and imposed under this chapter, order the defendant to pay a civil penalty assessment to the City of Visalia to be used in the manner described in the Oak Tree Maintenance Fund, as described in Section 12.24.110 herein, which Civil Penalty is designed as restitution to compensate the city and the community for the loss or diminution of economic, aesthetic, environmental, and property values resulting from the loss of any oak tree or portion thereof, and for the city's costs and attorney's fees in prosecuting the matter. In cases of un-permitted removal of an oak tree in violation of Section 12.24.025, such civil penalty shall be calculated by doubling the in-lieu mitigation amount as indicated in the Oak Tree Mitigation Policy implemented pursuant to Section 12.24.037, which would have been imposed for the specific tree had a permit been obtained. In cases of purposeful damage to an oak tree in violation of Section 12.24.025, the civil penalty imposed shall be calculated by multiplying one half times the in-lieu mitigation amount as indicated in the Oak Tree Mitigation Policy implemented pursuant to Section 12.24.037, which would have been imposed for the specific tree had a removal permit been obtained.
F. Any violation of any provision of this chapter may result in the immediate suspension of any permit previously issued for the construction and/or development of property upon which said violation occurred, until compliance with all mitigation measures required by this ordinance is demonstrated to the satisfaction of the city manager.
(Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)