Every person who violates any provision of this chapter is guilty
of a misdemeanor.
(Ord. 2858 § 1, 1990; Ord. 3238 § 28 (d), 1996)
A violation of any provision of this chapter is subject to Chapter
1-28 of the City Code.
(Ord. 2858 § 1, 1990; Ord. 3699 § 2, 2005)
In addition to all other actions and remedies, civil or penal,
authorized by law, the City Attorney is authorized to file an action
in court seeking injunctive relief to enjoin a violation of any provision
of this chapter or to prevent a threat-ened violation of any provision
of this chapter. The injunctive relief sought in any such action may
be prohibitory, mandatory, or both.
(Ord. 2858 § 1, 1990)
In lieu of prosecution under Section
17-24.110, any person who alters, removes, or relocates a tree, or who permits or causes to be altered, removed or relocated any tree in violation of any provision of this chapter, may petition the Director for permission to replace each tree so altered, removed, or relocated, with four replacement trees for each six inches or fraction thereof of the diameter of each tree which was altered, removed or relocated without a permit, each of the same genus and species, each of a minimum 15-gallon container size, to be planted on the property on which the violation was committed. If approved by the City Attorney, the Director may grant the petition, with or without conditions, if he finds that the proposed replacement trees will substantially restore the property environmentally to a condition equal to its condition prior to the violation. Each such replacement tree shall be deemed and considered a "protected tree" under the provisions of this chapter. The conditions imposed by the Director may include requirements for security to insure the tree's successful establishment and proper care for a stated period of time. The Director may also authorize the planting of a lesser number of larger trees or a larger number of smaller trees than specified if he finds that either adjustment will be more beneficial to the permanency of all trees on the property.
(Ord. 2858 § 1, 1990; Ord. 3699 § 3, 2005)
The owner or occupant of any property on which a violation of
the provisions of this chapter was committed, if such violation was
committed by the owner or a lawful occupant thereof, or committed
with the permission or consent of either such person, shall be denied,
for a period of two years from the date of the City's discovery of
such violation, any approval or permit which otherwise might have
been issued by the City for the development or further improvement
of such property. Prohibited approvals or permits shall include, but
not be limited to, conditional use permits, variances, and building
or demolition permits. The provisions of this section shall not apply
to any approval or permit which is needed or required to maintain
the health or safety of those occupying existing improvements on the
property. If the violation has been established by the final judgment
of a court, the Director shall, by appropriate notice to the owner
of the property and the pertinent City departments and agencies, implement
the provisions of this section. If an alleged violation of this chapter
has not been the subject of a court proceeding, the Director, in his
or her discretion, may hold a hearing on the alleged violation, giving
the property owner reasonable advanced notice thereof and a summary
of the facts which indicate a violation has occurred, which notice
and summary shall meet any procedural due process requirements that
are determined to be applicable. Following the hearing at which the
owner shall be allowed to present testimony, argument and evidence
and to refute the evidence presented by the City, the Director, based
on the evidence presented at the hearing, shall determine in writing
whether a violation of this chapter occurred on the property involved,
and if so, whether it was committed by the property owner or a lawful
occupant of the property, or with the permission or consent of either
such person. A copy of the Director's determination shall be immediately
mailed or delivered to the property owner. If the Director determines
such a violation was committed by the owner or such occupant or with
the permission or consent of either, he or she shall implement the
provisions of this section by notice as set forth above. Notice of
a violation of a provision of this chapter may be recorded in the
office of the County Recorder to implement the provisions of this
section.
(Ord. 2858 § 1, 1990)