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A. If a tree is removed without a tree cutting permit, a violation shall
be determined by measuring the stump. A stump that is 38" or more in
circumference shall be considered prima facie evidence of a violation of this
chapter. B. Removal of the stump of a tree cut without a tree cutting permit prior
to the determination provided in subsection 1 of this section is a violation of
this chapter.
C. Proof of violation of this chapter shall be deemed prima facie
evidence that such violation is that of the owner of the property upon which the
violation was committed. Prosecution of or failure to prosecute the owner shall
not be deemed to relieve any other responsible person.
D. As soon as a violation is determined, the Urban Forester shall
notify the property owner in writing regarding the mitigation requirements of
Section 20.42.100 of this code. Within thirty (30) days of the date of mailing
of this notice, the property owner shall submit a tree cutting application in
accordance with Section 20.42.060 and enter into a mitigation plan approved by
the Urban Forester. The application fee will be $70.00.
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