We have a tree conservation ordinance here. For those of you having trouble sleeping, I have included the text relative to violations...I think that it says yawn you can be fined or somethin' yawn...
17.10.110 Violations.
A. Except as herein provided, any person, firm, or corporation convicted of violating any provision of this ordinance, including but not limited to removal of trees without requisite permits, shall be guilty of a misdemeanor. The city attorney shall have the authority to prosecute any violation of this ordinance, which is otherwise a misdemeanor, as an infraction, in the interests of justice. In such cases, the city attorney shall specify in the accusatory pleadings that the offense has been filed as an infraction. Each clearing and/or each unauthorized removal, destruction, or failure to replace a tree shall constitute a separate offense. In addition, the following remedies may be imposed:
1. Upon conviction of a violation of this ordinance, all land use applications, building permits, occupancy, and/or development permits for the subject property upon which a violation of this chapter took place may be suspended until appropriate mitigation measures specified by the city are completed to the city’s satisfaction;
2. The violator may be required to retain and/or pay costs for a qualified tree expert to develop and implement a tree replacement and/or repair program as appropriate;
3. In addition to the remedies set forth for criminal violations set forth in subparagraph (A)(5) of this section, the city, at its discretion, may file legal action for damage or destruction to any tree, for tree removal prior to approval of a development project, and for those trees removed in violation of approved plans. A dollar value for tree damage or loss shall be assessed by using a basic value method or replacement cost method as devised by the council of tree and landscape appraisers;
4. Notwithstanding anything to the contrary contained in this section, the negligent clearing of trees shall be punishable as an infraction;
5. Any person found in violation of the provisions of this chapter may be subject to the following:
a. Any person, firm or corporation convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
b. Any person, firm or corporation convicted of an infraction under the provisions of this ordinance shall be punished by:
i. A fine of one hundred dollars ($100.00) for a first violation;
ii. A fine of two hundred dollars ($200.00) for a second violation of the same provision within one (1) year from the date of the action constituting the previous violation; and
iii. A fine of five hundred dollars ($500.00) for each additional violation of the same provision within one (1) year from the date of the action constituting the previous violation.
c. Each such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable accordingly.
d. In addition to the remedies provided by this chapter or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be enjoined or abated by the city by means of a civil action or administrative abatement pursuant to Chapter 8.80 of this code, and each day such condition continues shall be regarded as a new and separate offense.
e. Any person, firm or corporation who violates any provision or fails to comply with any requirement or provision of this chapter shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation. Each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the city attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.
f. In any civil, criminal or administrative action or proceeding commenced by the city to abate a nuisance, to enjoin a violation of any provision of this chapter, or to collect a civil penalty imposed either by this chapter, the city shall, if it is the prevailing party, be entitled to recover from the defendant in any such action reasonable attorneys’ fees and costs of suit.
B. Nothing herein shall prevent the city from taking other such lawful action as is necessary to prevent or remedy any violation(s). (Ord. 2002-325 §12, 2002)
