17.15.170 Violations and enforcement.
It shall be unlawful for any person, firm, or corporation to violate any provision of this chapter. The director shall have the authority to enforce provisions of this chapter by proceeding with the following actions in progressive severity, except in cases where a delay would result in the loss of additional trees:
A. Stop Work Orders. A stop work order may be issued in the case of failure to comply with any of the terms of a tree removal permit, or in the case of removal of any trees in violation of this chapter.
B. Civil Remedies and Penalties. Any person who removes a tree in violation of the terms of this chapter shall be subject to the following civil penalties:
1. The city may issue a notice and order under Chapter 1.40 LMC stating all trees removed in violation of this chapter shall be replaced, and set a reasonable amount of time for compliance. The number of replacement trees shall be determined by measuring the diameter of the removed tree’s remaining stump, outside of the bark, and referencing it against the table in LMC 17.15.090 of this chapter to determine the number of tree units. Each tree unit shall equal one replacement tree. Each tree removed shall be considered a separate offense, and averaging of tree diameters shall not be allowed. All replacement trees shall be subject to the replacement criteria specified in LMC 17.15.120(C).
2. In addition to requiring replanting, the city may assess civil penalties as provided in LMC 1.01.085.
3. In those cases when the site cannot reasonably sustain the number of replacement trees required, as verified by a certified arborist and confirmed by the city, the city shall assess a civil penalty fine. The fine shall be determined by subtracting the number of trees being replaced from the required number of replacement trees. That number shall then be multiplied by twice the unreplaceable tree fee dollar amount established in LMC 2.44.070. This fine shall be placed in the tree fund, as established in Chapter 3.102 LMC.
4. The city shall require a maintenance bond to insure compliance with the city’s order, subject to the bonding procedure established in LMC 17.15.120(F).
5. If the order requiring replacement trees is not complied with, then the property owner shall be subject to a civil fine of $25.00 per day. This fine shall be placed in the tree fund, as established in Chapter 3.102 LMC.
6. If the noncompliance continues for more than 30 days, civil penalties shall be increased to $100.00 per day up to a maximum of $5,000. Fines shall stop on the day that compliance with the order is achieved, pending successful completion with the compliance order. This fine shall be placed in the tree fund, as established in Chapter 3.102 LMC.
7. Any person who objects to a final order of the city under this section may file an appeal to the hearing examiner using the procedure under Process II in LMC 1.35.200 through 1.35.260.
8. Any unpaid civil fines may become a lien against the property where the trees were unlawfully removed, and the city may record said lien. (Ord. 2481 § 4, 2004)