A.
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. The city may seek to remedy any violation of this chapter by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
B.
If a violation occurs during development, the city may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and the issuance of certificates of occupancy) until a mitigation plan has been prepared by a certified arborist filed by the developer and approved by the director.
C.
If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval is pending for the property upon which the tree is located, the director may: (1) issue a stop work order halting all activity on the parcel; or (2) request the city council issue a temporary moratorium on development of the subject property pursuant to law if the violation is found to be the result of willful misconduct. The purpose of this stop of activity shall be to provide the city an opportunity to determine appropriate mitigation measures, if any, for the tree removal and to ensure such measures are incorporated into any future or pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property.
(Ord. 09-05 § 1; Ord. 2024-04, 7/23/2024)
A.
In addition to any other remedy or penalty provided for by this chapter, the city may seek restitution from any person who damages, removes, or relocates a Protected Tree in violation of this chapter in the form of replacement of the Protected Tree so removed or damaged or a fine in lieu of restitution. The director shall determine the form of restitution required.
1.
If the director determines that restitution should be made in the form of a replacement of the Protected Trees removed or damaged, the replacement trees shall be the same or similar species of tree, having the approximate size, age, and health as the tree(s) damaged or destroyed, at a ratio of three new replacement trees for every one damaged or destroyed tree. Additional funds will be provided to the city that will cover the cost of the city to water and maintain the replacement trees for a period of three years after planting. The location of such plantings shall be determined by the director;
2.
If the director determines that payment should be made in lieu of restitution, the payment required shall include, but is not limited to, the costs of procuring, transporting, planting, establishing, and maintaining replacement trees for the life of the project at a ratio of two new replacement trees for every one damaged or destroyed tree. The cost of the replacement trees shall be based on the actual replacement cost for the damaged Protected Tree or the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this chapter.
B.
If the size of a Protected Tree cannot be determined due to its unauthorized removal, the size shall be determined by measuring the stump that remains, anecdotal evidence, or interpolated from photographs or adjacent trees. The director shall presume that a missing Protected Tree was in perfect health unless the photographs or other verifiable evidence demonstrates otherwise.
(Ord. 09-05 § 1; Ord. 2024-04, 7/23/2024)
A.
Fines and payments in lieu of restitution for violation of this chapter are payable at the city's finance/cashier office. Fines must be paid within thirty business days of the citation date. The city's finance department is authorized to collect all unpaid civil fines.
B.
Any unpaid costs or penalties, or payments in lieu of restitution imposed pursuant to this chapter shall constitute a special assessment against the real property upon which a violation of this chapter has occurred. All costs and/or fines shall be itemized in a written report of assessment. The director shall cause a copy of the report and assessment to be served on the owner of the property not less than five days prior to the time fixed for confirmation of the assessment. Service may be made by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the county of Riverside and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing.
C.
A copy of the report of assessment shall be posted in the city clerk's office on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the city council. The city council shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the city council, it shall be a lien on said property. The lien shall be submitted to the Riverside County tax collector, where it shall be levied on the next regular property tax bills for said property, and collected at the same time and in the same manner as other municipal taxes are collected and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other municipal taxes.
(Ord. 09-05 § 1; Ord. 2024-04, 7/23/2024)