§ 4.7.2. Enforcement and Administration.

A.

Review of Tree Protection and Tree Planting Plans.

1.

Review. The City Arborist shall review and approve or disapprove all tree protection plans and tree planting plans submitted as required by this Article.

2.

Period for Review. The City Arborist shall review and approve or disapprove a plan within 15 working days after it is filed.

3.

Issuance of Certificates and Permits. A site development permit, certificate of occupancy, or building permit shall not be issued without the approval of the City Arborist signifying compliance with the provisions of this Article.

B.

Fast Track Projects.

1.

Cooperative Review. On any project, which the City Manager determines to be a fast track, large economic development project, the Arborist will work with the Community Project Team, the Development Authority, the developer, and the company representatives to comply with the 15-day permit turn around time.

2.

Status of Projects. These are special projects determined by the City, and it is intended for this action to be processed concurrent with all other permitting actions relating to a project in support of its fast track designation.

C.

Revocation, Suspension or Voiding of Permits and Certificates. The City Arborist shall have the authority to revoke, suspend or void any site development permit, final inspection, or building permit or to withhold any certificate of occupancy or approval of a final plat, and shall have the authority to suspend all work on a site or any portion thereof, where tree removal or damage occurs in violation of this Article or the provisions of the approved Tree Protection and Planting Plan for the site. The City Arborist's authority to suspend work on a site must have the concurrence of the Director of the Department of Public Services.

D.

Falsification of Information. It shall be unlawful to falsify any information contained in any application, plan or report required by this Article or this Chapter to tree preservation, protection, installation or similar action. If the City Arborist makes a written determination at a person has falsified any application, plan or report required herein, such person:

1.

Shall not be permitted to certify compliance with this Chapter for a period of five years;

2.

Shall submit and implement a revised tree protection and planting plan approved by the City Arborist; and

3.

Shall be subject to a minimum fine of $500.00 for violation of this Section.

E.

Penalty. The penalty for any violation Article shall be in accordance with the applicable portions of the City Code. Each day of any violation of any provision of this Article shall constitute a separate offense. Any action which results in the death or destruction of a public tree located on City property shall be subject to fine in an amount equal to $100.00 for each inch of diameter at breast height or stump diameter if tree is no longer present, up to a maximum fine of $1,000.00. All money collected from fines shall be deposited in the Tree Replacement Fund.

(Ord. No. 09-40, § 1, 7-14-09)