A. The enforcement of this chapter shall be governed by the provisions contained in VMC Title 22, Uniform Enforcement Code. No provision of this section, nor any provision in Title 22, shall prevent the city from seeking relief from a court of competent jurisdiction without having first issued a Correction Notice, Notice of Civil Violation and Order, or Stop Work Order.

B. In addition to the penalties and remedies contained in VMC Title 22, a person shall also incur restoration costs, provided the person removes a street tree without an approved street tree work permit or damages a street tree, through improper pruning or improper street tree protection, to such an extent that the City Forester requires the street tree's replacement. Restoration costs, imposed by this section, shall equal the value of the removed or damaged street tree, as determined by the latest edition of The Guide for Plant Appraisals, published by the International Society of Arboriculture. Actual costs for the purchase, installation, and maintenance of a replacement street tree shall count as a dollar for dollar credit against imposed restoration costs. Maintenance costs shall be limited to the estimated expenses for the watering and pruning of a replacement street tree for the first three years after planting.

C. Any civil penalties or restoration costs received under the authority of this chapter shall be placed in the city’s tree account.

D. Violations of this chapter constitute a public nuisance. (Ord. M-3766, 2006)