18.45.130 Enforcement, violations and penalties

18.45.130 Enforcement, violations and penalties.

(1) Enforcement, Interpretation, and Administration. It shall be the duty of the Director or Director’s designee to enforce and interpret the provisions of this chapter. The Director shall have authority to interpret the intent, purpose, provisions, conditions, and standards contained herein; to issue permits and impose conditions on such permits; to enforce the provisions and requirements of this chapter; to establish administrative procedures and guidelines necessary to administer the provisions of this chapter; to conduct inspections; and to prepare the forms necessary to carry out the purposes of this chapter.

(2) Violation. It is a violation of this chapter for any person to remove a significant tree without a permit within the City, except for tree removal authorized by an exemption pursuant to CMC 18.45.050, or cause or permit the same to be done, contrary to the provisions of this chapter.

(a) Whenever the City has determined that a violation of this chapter has occurred or is occurring, enforcement shall be in accordance with Chapter 1.30 CMC.

(b) Each day any person allows a violation of this chapter to continue shall be considered a separate violation.

(c) Public Nuisance. Any violation of the provisions of this chapter or a violation of a permit issued hereunder is declared to be a public nuisance and may be abated through proceeding for injunctive or similar relief in superior court or other court of competent jurisdiction.

(3) The Director may suspend work or revoke a permit, as appropriate, if it is found that:

(a) Land clearing or tree removal is not authorized by a valid permit;

(b) Inaccurate information was used to obtain a permit;

(d) Work, in the Director’s judgment, creates an imminent danger to property or public safety; is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, watercourse, environmentally critical area, or stormwater facility; or is otherwise adversely affecting the public health, safety, or welfare;

(e) Due to adverse weather, the work poses a danger to the property or to neighboring properties;

(f) Any land clearing or tree removal is being done prior to or outside of other required land use, engineering, building, or site development permits or regulations; or

(g) 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.

(4) Joint and Several Liability. The property owner(s) and the tree removal company removing the trees, if applicable, may be jointly and severally liable for violations or any penalties imposed pursuant to this chapter.

(5) Prohibition of Further Approvals. The City shall not accept, process, or approve any application for a subdivision or any other land use, building or development permit, or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation.

(6) Mitigation for Unlawful Tree Removal. In addition to the monetary penalty outlined in Chapter 1.30 CMC and in subsection (7) of this section, any tree damaged or removed in violation of Chapter 18.45 CMC shall be subject to the following tree replacement requirements, which shall be performed in accordance with the terms of CMC 18.45.080(2):

(a) Each significant tree damaged or removed in violation of Chapter 18.45 CMC shall be replaced by three replacement trees;

(b) Each landmark tree damaged or removed in violation of Chapter 18.45 CMC shall be replaced by four replacement trees;

In cases where the violation was unintentional and constitutes violator’s first violation of this chapter, the Director may allow the violator to pay the amount of the penalty that would be applicable pursuant to subsection (7) of this section as payment in lieu of completing the mitigation requirement set forth in this section.

(7) Penalties. Any person, firm, or corporation who violates or fails to comply with any term or provision of this chapter or of an exemption, a minor tree removal, or major tree removal permit issued under this chapter shall be deemed to have committed a violation and such violation shall be enforced in accordance with the procedures set forth in Chapter 1.30 CMC. In addition to the penalties set forth in Chapter 1.30 CMC, violators may be assessed a monetary penalty of up to $300.00 per inch of DBH of any significant tree, up to $600.00 per inch of DBH of any landmark tree, or up to $900.00 per inch of DBH of any heritage tree removed or damaged in violation of this chapter. If the DBH cannot be measured, the monetary penalty may be assessed per inch based on the diameter of the remaining tree stump. If the stump has been removed, a monetary penalty in the amount of $28,800 may be assessed, unless the violator can provide sufficient evidence of the DBH of the illegally removed tree such that a more specific penalty may be assessed. These additional penalties shall only be assessed by the City under the following circumstances: (a) there is evidence that the violation was intentionally committed; (b) the violator has previously violated the terms of this Chapter 18.45 CMC; or (c) the violator fails to comply with the terms and conditions of the tree removal permit or the notice and order of violation issued pursuant to Chapter 1.30 CMC.

(8) To the extent that any provision of this chapter conflicts with the provisions set forth in Chapter 1.30 CMC, the provisions set forth in this chapter shall govern. (Ord. 02-21 § 2 (Exh. A); Ord. 05-20 § 2 (Exh. A); Ord. 04-08 § 2)