Any person aggrieved by any act or determination of the Commissioner,
the Building Department or Board of Trustees, after first exhausting
all procedures provided in this chapter, shall have the right to appeal
to the Zoning Board of Appeals. Such appeal must be taken within 60
days after the filing of the determination, specifying the grounds
thereof and the relief sought.
Any person who violates any provision of this chapter, fails
to comply with any conditions imposed by the Commissioner, Building
Department, Planning Board or Board of Trustees, or fails to comply
with any written directive made pursuant to this chapter, or causes
any of the aforesaid violations, shall be deemed guilty of a violation
and, upon conviction thereof, shall be subject to a fine as follows:
A. For removing, destroying or substantially altering the habitat of
a single tree, a minimum fine of $500, with a maximum fine not to
exceed $2,000.
B. Where more than one tree is removed, destroyed or substantially altered
in violation of any provision of this chapter within a one-year period,
the fines shall be as follows:
(1)
For the first such tree, a minimum fine of $500, with a maximum
fine not to exceed $2,000;
(2)
For the second such tree, a minimum fine of $2,500, with a maximum
fine not to exceed $5,000;
(3)
For three or more such trees, a minimum fine of $3,000 and a
maximum $5,000 for each tree in excess of two trees.
C. A tree company or any person not an owner of real property who performs an act in violation of this chapter shall also be subject to the same fine schedules provided in Subsections
A and
B of this section. Such company or person shall be subject to the fines provided in Subsection
B of this section regardless of the location of the real property where the trees are or were located.
D. For each tree not replanted as required by this chapter, a fine of
$5,000.