(Added by Ordinance No. 181799, effective June 6, 2008.)
A. Any person who cuts or removes any tree that is subject to the provisions of this Chapter, or who contracts for, pays for or otherwise allows or suffers such cutting or removal, if such cutting or removal is undertaken without a permit as required by this Chapter or in non-compliance with any term, condition, limitation or requirement of such permit, shall be subject to a civil penalty as provided in this Section. For purposes of this Section, each tree shall constitute a separate violation, and each day that the person fails to obtain a permit or remains in non-compliance with a permit shall also constitute a separate violation. The Forester, or the Forester's designee, is authorized to initiate proceedings before the Code Hearings Officer, pursuant to the procedures in Title 22 of this Code, to enforce the provisions of this Section.
1. For each separate violation, a civil penalty of up to $1,000 may be assessed.
2. In determining the amount of any civil penalty to be assessed, the Code Hearings Officer will consider the following:
a. The nature and extent of the responsible party's involvement in the violation;
b. The benefits, economic, financial or otherwise, accruing or likely to accrue to the violator as a result of the violation;
c. Whether the violation was isolated and temporary, or repeated and continuing;
d. The magnitude and seriousness of the violation;
e. The City's cost of investigation and remedying the violation;
f. Any other applicable facts bearing on the nature and seriousness of the violation.