(A) If the Code Enforcement Officer finds that any building site is maintained in violation of the requirements of this subchapter, he or she shall notify the owner of the real property, in writing, and direct the owner to plant, within 30 days, any additional trees or shrubs as necessary to conform to the requirements of this subchapter.
(B) A person commits an offense if, as the owner of real property, he or she intentionally or knowingly fails to maintain the required number of trees or shrubs applicable under this subchapter to any street-side tree preservation zone, street yard, parking lot, or parking lot perimeter located upon a building site.
(C) It shall be an affirmative defense to any prosecution under this subchapter that:
(1) The owner failed to receive the written notice required by division (A) above, or that the owner complied with the notice within the period of time therein provided; or
(2) At the time of the receipt of the written notice required by division (A) above, the current planting season was then expired or expired prior to 30 days following receipt of the notice and the owner complied with the notice not later than 30 days following the commencement of the next planting season.
(Ord. 00-0406A, passed 4-7-2000) Penalty, see § 150.99