18.100.100 Enforcement.
A. Any person found to have removed a significant tree in violation of this chapter shall incur a penalty of not more than $1,000 nor less than $250.00 per violation.
B. Any person found to have removed a heritage tree in violation of this chapter shall incur a penalty of not less than the value of the tree according to TMC 18.100.070(D) plus no less than $500.00 for each heritage tree removed.
C. Failure to comply with any condition of the permit issued to the applicant shall constitute a violation of this chapter and shall subject the applicant to a fine of not more than $1,000, nor less than $500.00. Any fines collected by the city under this section shall accrue to the city tree fund.
D. Each tree removed in violation of this chapter or any permit issued pursuant to this chapter shall constitute a separate violation.
E. Each tree that the applicant fails to replant or replace as required by the terms of the permit, and each violation of any other condition of a permit, shall constitute a separate violation.
F. Retroactive Permit. A person who removes a tree without obtaining a Type A permit may apply retroactively for a permit. In addition to all application requirements of this chapter, the person must be able to demonstrate compliance with all requirements of this chapter, in addition to paying an additional fee as established by resolution of the city council. Mitigation requirements of this chapter may apply to all retroactive permits.
G. Withholding Permits and Stop-Work Orders. The building official has the authority to issue a stop-work order, withhold approval of a final plat, or withhold issuance of a certificate of occupancy, permits or inspections until the provisions of this chapter, including any conditions attached to a tree removal permit, have been fully met.
H. Revocation of Permit. The city administrator may revoke any tree removal permit when the planning official or designee thereof has clearly demonstrated that the application was incomplete or inaccurate to such a degree as to invalidate the approval. Such a revocation may be immediately followed by a stop-work order and the applicant required to either:
1. Revise and resubmit the permit for review and approval; or
2. Pay fines for removing trees in violation of the permit under subsections (A) and (B) of this section.
I. The city shall notify the property owner in writing that a violation has occurred and mitigation is required. Within 30 days of the date of mailing of the notice, the property owner shall provide a mitigation plan to the city. The plan shall provide for replacement of a tree or, at the city’s discretion, payment into the tree fund in accordance with Chapter 18.135 TMC.
J. Alternative Enforcement. In the event that a person, company, or other operating unit commits more than one violation of this chapter, the following alternative fees may be imposed by the city:
1. A person that has gained money or property through the commission of an offense under this section may be required to pay an amount, fixed by the city, not to exceed double the amount of the gain from the commission of the offense.
2. “Gain” is defined as the amount of money or value of property derived from the commission of the violation, less the amount of money or value of property seized by or surrendered to the city. “Value” shall be the greater of the market value or replacement cost as determined by a licensed professional in the tree, nursery, or landscape field. [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.390, 2006.]