(A) Civil penalty. Any person who violates any of the provisions of this chapter shall be subject to a civil penalty. The amount of the civil penalty shall be $100 except as hereinafter provided. Each day of a continuing violation shall constitute a separate violation. The appeals board shall determine and assess the civil penalty, if any, at the time of the appeals hearing, if one is requested. In the absence of an appeal, the Public Works Director shall submit a request to the chairperson of the appeals board who shall assemble the appeals board and assess the civil penalty with supporting documentation upon prior notice to the violating party of the date and time of the appeals board hearing. At least 10 days notice shall be given to the violating party of the date, time and location whereby the appeals board will consider the request to assess a civil penalty. In determining the amount of the civil penalty, the appeals board shall take into consideration the amount of money that the violator would be required to spend in order to be in compliance with the provisions of this chapter, the amount of money saved by the violator in violating the ordinance, the cost of replacement of any removed tree, shrubbery or regulated tree. In determining the specific amount of the civil penalty for damage or destruction to regulated trees, the appeals board shall use the standard tree evaluation formula provided by the International Society of Arboriculture, as it may be amended from time to time. The standard tree evaluation formula is made a part of this chapter and adopted herein by reference. A maximum fine of $5,000 is hereby set for that portion of the civil penalty dealing with replacement cost of an individual tree. The appeals board shall have no discretion to vary the cost figures set forth in the formula. The appeals board may however, recommend that the amount of the civil penalty be modified as part of a negotiated settlement with the city. Upon failure of the violator to pay the assessed penalty or reach an equitable settlement within 30 days, an action in the nature of debt in the name of the city in the appropriate division of the general courts of justice may be instituted by the city attorney for recovery of a debt.
(B) Criminal penalty. A violation of this chapter subjects the offender to a civil penalty, pursuant to the authority granted by G.S. § 160A-175, and does not subject the offender to the criminal penalty provisions of G.S. § 14-4.
(C) Injunctive relief. Whenever there exists reasonable cause to believe that any person is violating this chapter or any standards adopted pursuant to this chapter or any term, condition or provision of an approved permit, the city may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the town for a mandatory or prohibitory injunction and an order of abatement demanding the violator to correct the unlawful condition upon or cease the unlawful use of the property.
(Ord. passed 9-11-2006)