20.770.140 Enforcement and Penalties.
Click here to view prior versions of this section.
A. General Requirements. Enforcement shall be conducted in accordance with procedures set forth in Chapter 20.140. Special enforcement provisions related to tree conservation are set forth below.
B. Authority. It shall be the duty of the Planning Official to administer the provisions of this chapter. The Planning Official shall have authority to issue permits, impose conditions, enforce the provisions and requirements of this chapter and permits issued there under, and establish administrative procedures and guidelines, conduct inspections, and prepare the forms necessary to carry out the purposes of this Chapter.
C. Stop Work Orders/Permit Revocation.
1. The Planning Official shall suspend work or revoke a permit, as appropriate, if the Planning Official finds that:
a. The work is not authorized by a valid permit;
b. Inaccurate information was used to obtain the permit;
c. The permittee is not complying with the terms of the permit or approved plans;
d. The work is, in the Planning Official’s judgment, a hazard to property or public safety, is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, watercourse, sensitive areas, stormwater facility, or tree, vegetation, and soil protection area or is otherwise adversely affecting the public health, safety, or welfare;
e. Adverse weather is causing significant problems on or off site; or
f. The required project surety has been expended to the point that it no longer provides assurance of the completion of the project in compliance with the terms of the permit.
2. The Planning Official shall issue the permittee/violator a written notice specifying the nature of the violation or problem which must be remedied prior to resuming other work on the project.
D. Restoration. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the Planning Official, which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s). Restoration costs will be based on the City appraised value of unapproved trees removed using the latest edition of Guide for Plant Appraisal (International Society of Arboriculture, Council of Tree and Landscape Appraisers). The amount of costs above the approved restoration plan will be paid into the tree account.
E. Prohibition of Further Approvals. The city shall not accept, process, or approve any application for a subdivision or any other development permit or approval, or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration, a plan for mitigating has been agreed upon or other means accepted by the Planning Official and by payment of any penalty imposed for the violation.
F. Civil Penalty.
1. A person who fails to comply with the requirements of this chapter or the terms of a permit issued hereunder, who undertakes an activity regulated by this chapter without obtaining a permit, or fails to comply with a stop work order issued under this chapter shall also be subject to a civil penalty as set forth in table 20.770.140-1. Each day that a violation of the requirements of this chapter continues shall constitute a separate violation. In addition, each unlawfully destroyed tree shall constitute a separate violation.
2. Any person who aids or abets in the violation shall be considered to have committed a violation for purposes of the civil penalty.
3. The amount of the penalty shall be assessed in accordance with Table 20.140-1.
|
Types of Tree, Vegetation, and Soil Conservation Ordinance Violations |
Allowable Fines per Violation |
|---|---|
|
Any violation of the requirement of this chapter or any violation of a permit issued hereunder. |
Minimum $500 per violation Maximum $1,000 per violation |
|
Removal of tree(s) shown to be removed on preliminarily-approved plans, but prior to final tree plan approval or issuance of a city tree removal permit |
Minimum $50 per tree Maximum $100 per tree |
|
Removal of tree(s) shown to be retained on preliminarily-approved plans, but prior to final tree, vegetation, and soilplan approval or issuance of a city tree removal permit or removal of tree(s) shown to be retained on final approved tree, vegetation, and soil plan |
Minimum $250 per tree Maximum $750 per tree |
|
Continued illegal removal of tree(s) following stop work order or receipt of other information from city that the tree removal activity is not permitted |
$1,000 per day |
|
Removal of tree(s) without applying for or obtaining a city permit or approval |
Minimum $500 per tree Maximum $1,000 per tree |
4. Notice of penalty. A civil penalty shall be imposed by a notice in writing, by certified mail with return receipt requested, or by personal service. The notice shall describe the nature and date of the violation, and order the acts constituting the violation to cease and desist, and, when appropriate, require necessary corrective action within a specified time.
5. In addition to or in place of civil penalties, the City may bring injunctive, declaratory or other actions to enforce this chapter.
6. The provisions of this subsection shall apply to violations of this chapter in lieu of the provisions set forth in chapter 20.140.030 of this title.
G. Criminal Prosecution. In addition to or in place of civil penalties, knowingly violating this chapter may be referred to the City Attorney’s Office for criminal prosecution. Violations of this chapter constitute a misdemeanor, punishable by up to ninety days in jail and/or up to a $1,000.00 fine. “Knowingly” means that a person knows or acts knowingly or with knowledge when he or she is aware of a fact, circumstance or result which is described by this chapter as being a violation. (Ord. M-4179, Amended, 10/17/2016, Sec87; Ord. M-3847 § 12, 11/19/2007; Ord. M-3840 § 35, 08/06/2007; Ord. M-3701 § 23, 05/02/2005; Ord. M-3643, 01/26/2004)