The following penalties shall be imposed upon any person or property owner who violates any provision of this chapter:
A. Any person or property owner who violates the provisions of this chapter, upon conviction, shall be punished as set forth in title 1, chapter 4 of this Code.
B. In addition to the penalties provided above, any person or property owner found guilty of violating the provisions of this chapter may be required to pay the cost of repair or replacement of such public tree or shrub. The replacement costs shall be determined in accordance with the latest version of "A Guide for Plant Appraisal" as published by the International Society of Arboriculture and authored by the Council of Tree and Landscape Appraisers.
C. The City reserves the right to collect costs in addition to penalties. The imposition of any penalty of a violation of this chapter shall not be construed as a waiver of the right of the City to collect the costs of removal or treatment of any tree or shrub in accordance with the provisions of this chapter.
D. Public utilities may be held responsible for the replacement of any public tree or shrub which has been severely damaged or died in the opinion of the City Forester as a result of the maintenance or new installation of utilities. The City Forester shall coordinate with the public utility appropriate and reasonable replacement of said severely damaged or dead public tree or shrub in accordance with the "City Forestry Standards of Practice and Specifications".
E. Property owners abutting the area on which the public tree or shrub is located shall be notified by the utility company forty eight (48) hours prior to the commencement of any utility repair, maintenance, or replacement activities which will affect or harm the public tree or shrub. In cases of emergency repair, the City Forester shall have the option to waive said notification. (Ord. 2083, 2-23-2015)