(A) Misdemeanor violation. Violation of the provisions of this subchapter or failure to comply with any of its requirements shall constitute an infraction and shall be punishable as provided in § 154.99.
(B) Separate offense.
(1) Any person who commits, participates in, assists, or maintains such violation may be found guilty of a separate offense and shall suffer the penalties as set forth in division (A) above and § 154.99 for each day such participation, assistance, or maintenance continues.
(2) Each day shall be considered a separate, distinct offense.
(C) Public nuisance. In addition to the penalties set forth in divisions (A) and (B) above, any violation of the provisions of this subchapter shall be considered a public nuisance and may be enforced in accordance with Chapter 92 of this code of ordinances.
(D) Issuance of city permits withheld; corrective action.
(1) Upon determination that a violation of the provisions of this subchapter has occurred, the city shall withhold issuance of, or terminate, the city permit or certificate of appropriateness for the affected property until corrective action is taken by the responsible party.
(2) However, if mitigating circumstances exist and reasonable commitments for corrective action are made, the city may issue a permit or certificate of appropriateness. Such corrective action may include:
(1) Restoration of surface vegetation with plant material similar in character and extent as existed prior to the unauthorized clearing;
(2) Implementation of drainage and erosion control measures;
(3) Replanting of mature trees (not seedlings or saplings) or other vegetation or landscaping materials to replace those lost through unauthorized clearing or excavation; and/or
(4) Other mitigation measure as required by the Planning and Zoning Commission
(Prior Code, § 11-1-13) (Ord. 2004-02, passed 5-17-2004; Ord. 2022-02, passed 4-13-2022) Penalty, see § 154.99