§ 110-71. Penalties, claims and appeals.

Any person who violates any provision of this article or who fails to comply with notice issued pursuant to provisions of this article, upon being found guilty of violation, shall be subject to a fine not to exceed $500.00 (unless otherwise previously specified), for each separate offense. Each day during which any violation of the provisions of this article shall occur or continue shall be a separate offense. If, as a result of the violation of any provisions of this article, the injury, mutilation or death of a tree, shrub or other plant located in the city owned property is caused, the cost of repair or replacement of such tree, shrub or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined by the latest version of Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens as published by the International Society of Arboriculture. Any and all funds collected by this provision of the ordinance shall be deposited in the city general corporate fund. Any person aggrieved by any action of the tree board may, within 14 days of the date the action is taken, file a written request that the tree board reconsider its decision. Said request must be filed with the city clerk with a copy to the chair of the tree board. The tree board shall, within 31 days, consider the request and forward to the person aggrieved a written decision on the request. In lieu of seeking reconsideration by the tree board, an aggrieved person may file an appeal to the city council to review the actions of the tree board. Said request must be filed with the city clerk within 120 days of receiving notice of the tree board's decision on the original request or after reconsideration. The decision of the city council shall be the final decision on the issues raised.

(Ord. No. 60-99, § 21, 12-7-1999; Ord. No. O20-2002, § 1, 5-7-2002; Ord. No. O57-2006, § 1(e), 8-15-2006)