1.3.300 Violation of This Code as Civil Infraction.
A. Violating any provision of this code is a Class A civil infraction. The City may seek injunctive relief to compel compliance and restoration of pre-violation status quo as part of the civil infraction proceedings. If a violation is ongoing, each day that a violation remains is a separate violation. The civil penalty for removal of a significant tree is shown in Table 1.3.1.
|
Tree Size |
Civil Penalty |
|---|---|
|
4 – 6 inches DBH |
$1,000 |
|
6 – 10 inches DBH |
$1,500 |
|
10 – 16 inches DBH |
$3,000 |
|
Greater than 16 inches DBH |
$5,000 |
B. Injunctive Relief and Abatement.
1. The civil infraction process and civil penalties are in addition to any legal or equitable remedy available to the City.
C. Mitigation for the Removal of Vegetation. The Review Authority may require the replacement of vegetation removed in violation of this code or in violation of a land use approval. The City may require a greater number of trees or shrubs than was removed in order to take into account total vegetation volume, but may also accept a lesser amount of vegetation replacement based on a fire mitigation plan submitted by a qualified professional and approved by the City. The amount of replacement trees, shrubs, and ground cover shall be determined by the volume of removed vegetation. The City may require the property owner to prepare and comply with a mitigation plan providing for planting and maintenance of replacement vegetation, with provisions for replacement of plants that die within three years of planting. The mitigation plan is subject to City approval. The City may refuse to accept any development permit application for a property for which a mitigation plan is required and has not been executed or complied with.
D. Evidence. In a legal proceeding for noncompliance with this code, the owner or lessee at the time of the violation shall be presumed to be responsible for the violation. This presumption may be overcome by a preponderance of the evidence showing that the violation was committed by some person other than the owner and/or possessor and that the owner and/or possessor was not able to control or prevent the violation. Persons who are not owners and/or possessors are responsible for the violation if their action or failure to act causes the violation. The person responsible for property tax payment is considered the owner. Where commercial premises have a sign identifying the business on the property, that business is rebuttably presumed to be responsible for violation on the premises. Agents, managers or employees are also responsible for their acts or omissions that constitute violations. [Ord. NS-2251, 2015; Ord. NS-2016, 2006]