A. 
Enforcement. The provisions of this chapter and all terms and conditions of any permit, directive, corrective action notice, or compliance order issued under authority of this chapter, are subject to enforcement pursuant to and under authority of TMC Chapter 1.82, the Uniform Enforcement Code. The Director is authorized to exercise all powers and authority granted pursuant to TMC Chapter 1.82, including by way of example and not limitation, the power to issue compliance orders, corrective action notices, and notices of violation, assess monetary penalties, approve voluntary correction agreements, and develop, promulgate, revise, and implement policies and procedures governing enforcement actions under TMC Chapter 1.82; provided that, the maximum monetary penalties set forth at TMC § 1.82.050F that may be assessed pursuant to a notice of civil violation are replaced and superseded with the provisions of TMC § 9.20.520.
B. 
Delegation of authority. The Director is empowered to delegate enforcement authority under this chapter and TMC Chapter 1.82 to such other departments, divisions, or persons as may be determined by the Director.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
Except as otherwise provided herein, any act or omission by a responsible person that is made unlawful under this chapter or that is in noncompliance with any duty, requirement, or obligation set forth in this chapter, or in a term or condition of any permit, directive, or compliance order issued under authority of this chapter, shall constitute a violation of this chapter and is subject to enforcement by the Director.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
A. 
Maximum monetary penalty. The maximum monetary penalty that may be assessed pursuant to a notice of civil violation for each violation of this chapter shall not exceed $10,000 per day or portion thereof, and each continuing day or portion thereof.
B. 
Minimum monetary penalty – Removed tree. The minimum monetary penalty assessed for each tree removed in violation of this chapter and for each tree that dies within a three year period as a result of the damage to the tree in violation of this chapter, shall be a sum of three times the fee for tree removal as set forth in TMC § 9.20.220I, or $500 dollars, whichever amount is greater. 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 $10,000 may be assessed, unless the violator can demonstrate through competent evidence the DBH of the illegally removed tree.
C. 
Monetary penalty – Damaged tree. Each tree that is topped or severely pruned in violation of this chapter will be considered a removed tree and shall be subject to the penalties defined in TMC § 9.20.520B herein.
D. 
Duty to abate, correct or remedy. Payment of a monetary penalty pursuant to this chapter does not relieve the person(s) responsible for the violation(s) of the duty to abate, correct or remedy the violation or preclude the city from taking action to assess the costs for preparation of a natural damages assessment and the costs of abatement.
E. 
Urban forest penalty collection. Any monetary penalty assessed and collected under this chapter shall be placed in an account established to support the urban forestry program in planting, maintenance, and replacement of trees on public property or the right-of-way, or as determined by the Department Director under whose authority the public property is managed.
F. 
Separate violations. Each tree that is removed, pruned, topped or otherwise damaged in violation of this chapter shall constitute a separate violation.
G. 
Choice of action. The choice of enforcement action to be taken under this chapter and the severity of any monetary penalty to be imposed for each violation of this chapter should be guided by the factors set forth at TMC § 1.82.020E, and shall additionally be guided by consideration of the following:
1. 
The scope of each violation;
2. 
The quality of trees and other vegetation damaged or removed;
3. 
The impact to the health of the trees and other vegetation that was damaged and the potential for long-term damage or death of the tree and other vegetation;
4. 
The extent to which the removal or damage benefitted scenic views;
5. 
The scope and extent of natural resource damage;
6. 
Whether heritage trees were damaged or removed;
7. 
Whether the trees and other vegetation damaged or removed were native or invasive species;
8. 
The health of the trees and other vegetation removed (it shall be presumed that any tree removed or damaged was in good health and condition, unless it can be proven otherwise);
9. 
The age, aesthetic value, and cultural or historic significance of the trees removed or damaged;
10. 
The scope and extent of any impact to a vegetation management plan in place for the public property where the violation occurred;
11. 
Whether damaged natural resources can practicably be restored to an equivalent condition prior to the violation occurring;
12. 
The monetary value of the tree damaged or removed based upon the plant valuation methodology published in the most current edition of the International Society of Arboriculture, Guide for Plant Appraisal;
13. 
Any other factors related to the harm caused; and,
14. 
Any mitigating factors, including by way of example, good faith efforts to timely report and correct the violation, errors made in good faith with respect to the true property boundaries, good faith errors in implementing the tree removal or pruning plan, and the relative fault of agents acting on behalf of the responsible person.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
A. 
Responsibility for natural resource damages. A person found to be in violation of this chapter or a permit issued hereunder shall be responsible for the costs of abatement, remediation and mitigation of natural resource damages arising from activities conducted in violation of this chapter.
B. 
Requirement for natural resource damage assessment. If the Director determines that activities in violation of this chapter have resulted in natural resource damages, the Director may require preparation of a natural resource damage assessment that includes a plan for abatement, remediation and mitigation. The Director may issue a compliance order requiring the natural resource damage assessment to be prepared by the person responsible for the violation(s) resulting in natural resource damages or assessing the costs of preparation of the natural resource damage assessment to the person responsible for the violation(s) resulting in natural resource damages. The natural resource damage assessment shall be prepared in accordance with this section and shall be subject to approval by the Director for completeness and compliance with this chapter. In the event that a violation of this chapter also constitutes a violation of Chapter 13.11 TMC (Critical Areas Preservation), the Director may require the person responsible for the violation to prepare the natural resource damage assessment in compliance with Chapter 13.11 TMC.
C. 
Preparation of natural resource damage assessment. A natural resource damage assessment that may be required under this chapter, shall be prepared by persons qualified by training and experience to determine the extent to which activities upon public property have caused unauthorized natural resource damages in violation of this chapter. Qualified persons may include certified arborists, wetland scientists, soils scientists, hydrogeologists and other professionals.
The natural resource damages assessment shall include a comprehensive abatement, remediation and mitigation plan with a proposed schedule, and an estimate of the costs of abatement, remediation, and mitigation of the damaged natural resources, to the greatest extent practicable, to restore their condition and function as existed prior to the violation, together with a determination of the monetary value of the trees damaged or removed. The assessment shall include, by way of example and not limitation, a cost estimate and comprehensive plan for the repair or replacement of any trees removed or damaged, an assessment of the biological and habitat values to be replaced, an analysis of the impact to slope stability and soil erosion and plan for restoration, a cost estimate and plan for the installation and maintenance of interim and emergency erosion control measures until such time as the restored groundcover and vegetation reach sufficient maturation to function in compliance with the performance standards adopted by the City, and the estimated costs for obtaining permits necessary to implement the plan of abatement, remediation and mitigation.
Studies by the qualified persons may be required to determine the conditions which were likely to exist on the public property prior to the unlawful activities that resulted in the natural resource damage.
The natural resource damage assessment shall include analysis of the best-case growing capability of the site, taking into consideration the soil conditions, the health of surrounding tree stands and the type of species believed to have been removed or damaged, or whatever resources are available to determine natural resource damage.
D. 
Valuation of damaged or removed trees. The Director may order that the natural damage assessment include an assessment of the monetary value of the trees removed or damaged in violation of this chapter. The monetary value of the trees shall be determined based upon the plant valuation methodology published in the most current edition of the International Society of Arboriculture, Guide for Plant Appraisal. This valuation will be a factor considered by the Director in assessing monetary penalties and may be included on a one-for-one basis. It shall be presumed that any tree that was removed or damaged was in good health and condition prior to removal or damage.
E. 
Costs of abatement. Upon completion of the natural resource damage assessment and approval by the Director, the Director may issue a compliance order to the person responsible for the violation(s) resulting in natural resource damages, assessing the costs of the natural resource damage assessment and the City’s emergency response costs, if not already paid at the expense of the responsible person, together with the estimated cost of abatement. If more than one person is responsible for the natural resource damages and emergency response costs, each person shall be jointly and severally liable for the costs of preparation of the natural resources damage assessment and the costs of abatement.
F. 
Implementation of plan of abatement, remediation and mitigation. The City shall be responsible for implementing the comprehensive plan of abatement, remediation and mitigation. If the costs of implementing the plan of abatement, remediation and mitigation exceed the cost estimate prepared as part of the natural resource damage assessment, the Director may issue a compliance order requiring the person(s) responsible for the violation(s) to pay the additional costs. If more than one person is responsible for natural resource damages, each person shall be jointly and severally liable for the costs of abatement, remediation and mitigation.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
The Director may suspend work or revoke a permit, as appropriate, if the Director has reasonable cause to believe:
A. 
Inaccurate information was used to obtain a permit;
B. 
The permittee is not complying with any terms of the permit or approved plans;
C. 
The work being performed may create an imminent danger to property or public safety;
D. 
The work is adversely affecting or may adversely affect adjacent public property, utility infrastructure, a drainage way, watercourse, critical area, wetland or stormwater facility;
E. 
The work is otherwise adversely affecting public health, safety, or welfare;
F. 
That due to adverse weather, the work poses a danger to public property or to neighboring properties;
G. 
That any work is being performed prior to issuance of required permits or in violation of applicable laws or regulations; or,
H. 
A required project surety (e.g., bond, cash deposit, letter of credit) has been expended to the point that the surety no longer provides assurance of the completion of the project in compliance with the terms of the permit.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
There is a rebuttable presumption that the owners, occupants and persons in control of real property abutting any portion of public property upon which a tree(s) or other vegetation has been pruned, removed, topped or otherwise damaged in violation of this chapter, are the persons whose acts or omissions caused or aided in causing the violation, when the pruning, removal, topping or damage of such tree(s) or other vegetation has enhanced the scenic view from such abutting property. This presumption may be rebutted by clear evidence that:
A. 
Such person’s acts or omissions did not cause, and did not aid in causing, the violation;
B. 
Such person made reasonable efforts to prevent such violation from occurring;
C. 
Such person had no knowledge of the acts or omissions causing or aiding in the violation;
D. 
The violation did not enhance the scenic view from such abutting property;
E. 
The violation resulted only in incidental enhancement of the scenic view from such abutting property when compared to the enhancement of the scenic views from other abutting private properties; or,
F. 
The location where the violation occurred is so distant in proximity to such abutting property that it would afford no more than an incidental enhancement of the scenic view from such abutting property.
The presumption set forth in this section shall not presumptively establish the intent required for a criminal violation of this chapter.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
Any person who shall knowingly and falsely make, complete, or alter a written instrument required to be submitted to the Director pursuant to this chapter or pursuant to a term or condition of any permit, directive, or compliance order issued under authority of this chapter, shall be guilty of a gross misdemeanor and upon conviction shall be subject to a fine of not more than $5,000 or by imprisonment in jail for up to three hundred sixty-five (365) days, or both, for each separate violation. Proof of intent to defraud or injure is not required.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
Any person who willfully violates TMC §§ 9.20.210B.1, 9.20.220B.1, 9.20.230C.1 or 9.20.360 shall be guilty of a gross misdemeanor and upon conviction shall be subject to a fine of not more than $5,000 or by imprisonment in jail for up to three hundred sixty-five (365) days, or both, for each such violation.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
The enforcement actions and authority authorized in this chapter are not exclusive and are supplemental to the enforcement actions and authority that may be available at law or in equity, including without limitation, TMC Chapter 8.30 (Public Nuisances), and TMC Chapter 13.11 (Critical Areas Preservation).
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)