13.40.150 Enforcement.
This chapter may be enforced by one or more of the following:
A. Stop Work Orders. In the case of a violation of any provisions of this chapter, a failure to comply with the terms of a permit, or in the case of removal of trees in violation of this chapter, the parks director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the parks director or the hearing examiner to proceed with the work.
B. Injunctive Enforcement. Any violation of the provisions of the chapter is hereby declared to be a public nuisance and may be abated through proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction.
C. Violation – Civil Remedies and Penalty.
1. Any person who removes a tree in violation of the terms of a tree removal permit or in violation of this chapter shall be required to plant replacement trees.
2. The director of parks and recreation shall determine standards for establishing reasonable replacement trees, based on comparable caliper of trees unlawfully removed.
3. The director of parks and recreation shall issue an order to the property owner requiring planting of replacement trees and setting reasonable time limits for compliance.
4. The director of parks and recreation shall require a maintenance bond to ensure compliance with the city’s order guaranteeing replacement and survival of trees for a minimum of two years.
5. Any person aggrieved by a final order of the director of parks and recreation with respect to replacing trees shall have 20 days to appeal to the hearing examiner pursuant to the procedure outlined in BMC 13.40.060(F).
6. In addition to any other sanction or remedial injunctive procedure which may be available at law or equity, any person failing to comply with the final order issued by the parks director or hearing examiner shall be subject to a cumulative civil penalty in an amount not to exceed $100.00 per day from the date set for compliance until such order is complied with. Such civil penalty shall be collected by civil action brought in the name of the city. The parks director shall notify the city attorney in writing of the name of any such person subject to such penalty and the amount thereof; appropriate action shall be taken to collect the same.
D. Violation – Criminal Penalties. Any person violating any provision of this chapter or any terms or conditions of any permit issued hereunder shall be guilty of a misdemeanor and upon conviction may be imprisoned for 90 days, fined a sum not to exceed $1,000, or both imprisoned and fined. In addition to the fine, any person found in violation of this chapter shall be required to pay the replacement value of trees and shrubs as determined in accordance with the latest revision of “Valuation of Landscape Trees, Shrubs and Other Plants,” as published by the International Society of Arboriculture. [Ord. 2013-02-006 § 5; Ord. 2002-10-069 § 27; Ord. 10282, 1992].