(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Each day the owner violates the provisions of §§ 154.01 through 154.12 shall be considered an infraction, punishable by a fine of $300, and such fine shall be assessed against the owner of the real property upon which the activity of clearing, grading, excavation, or similar activity contemplated herein is conducted prior to the issuance of a permit or certificate of appropriateness.
(a) For each day the owner of real property violates the provisions of § 154.04, a fine of up to $300 may be assessed against the owner of the real property upon which the activity of clearing, grading, excavation, or similar activity contemplated herein is conducted prior to the issuance of a permit or certificate of appropriateness on major projects.
(b) In the case of a significant tree being removed, a minimum fine of $100 shall be assessed and the commission may require mitigation. Mitigation efforts may include, but are not limited to, offender replacing with a suitable tree of at least two-inch caliper within 90 days.
(c) Unlawful abuse of tree violation. Any person in violation of § 154.08 shall be guilty of an infraction, punishable up to $300 per violation.
(2) Increasing penalty. A second and any subsequent conviction for violations of provisions of §§ 154.01 through 154.12 shall be a misdemeanor, punishable by a fine not to exceed $1,000 for any single offense, or confinement in the county jail for a period of not more than six months. Either or both such fine and imprisonment may be imposed, and, in addition thereto, any person so convicted shall pay such costs as the court may assess.
(Prior Code, § 11-1-4)
(C) (1) Should any person fail to obtain such permits from the city or the District or fail to comply with the provisions of §§ 154.25 through 154.29, as required, the building permit(s), the Institutional Controls Program permit(s), or subdivision permit(s) issued shall be void and the person in such violation of these sections shall be deemed to have committed a misdemeanor for each day of such violation. Such violation shall be punishable by a fine not to exceed $1,000 for any single offense, or confinement in the county jail for a period of not more than six months. Either or both such fine and imprisonment may be imposed, and, in addition thereto, any person so convicted shall pay such costs as the court may assess.
(Prior Code, § 11-2-6) (Ord. 2004-02, passed 5-17-2004; Ord. 2008-01, passed 2-13-2008; Ord. 2022-02, passed 4-13-2022)