A.    Fine. A violation of any provision of this chapter, a permit issued under this chapter or any condition of a permit issued under this chapter shall, upon a conviction, constitute a misdemeanor with a minimum fine of five hundred dollars per tree up to a maximum fine of one thousand dollars per tree, and up to one year in jail, or both. The removal of a tree in violation of this chapter, in violation of a permit or any condition of a permit issued under this chapter shall be a separate offense for each tree. Failure to comply with the provisions of this chapter or a permit or any condition of a permit issued under this chapter shall be a separate offense each day the failure to comply continues.

    B.    Enforcement Fee. In addition to any fine, the court may impose an enforcement fee as restitution for the enforcement costs incurred by the city. This fee may be imposed upon any person who violates any provision of this chapter or who violates any permit or condition of any issued under this chapter. The fee shall be in an amount established by resolution of the city council.

    C.    Restoration Fee. In addition to any fine and enforcement fee, the court may impose a restoration fee as restitution to the city for restoring the tree. This fee may be imposed upon any person who violates any provision of this chapter or who violates any permit or condition of any permit:

    1.    The fee shall be paid into the city’ s tree account and shall be a standard fee per caliper inch for the total number of caliper inches of the tree damaged or removed in violation of this chapter. The standard fee shall be in an amount as established by resolution of the city council;

    2.    The court may require the person to pay into the city’ s tree account an increased fee per caliper inch or pay for the value of the tree, whichever is greater, if any of the following apply:

    a.    The person has committed a previous violation of a provision of this chapter,

    b.    Tree protection measures as required by this chapter were not installed or maintained, or

    c.    The tree removed or damaged was:

    i.    Eighteen caliper inches in diameter or greater,

    ii.    A designated heritage tree,

    iii.    Expressly protected or required to be preserved as a condition of approval of a development permit pursuant to the Grass Valley zoning or development codes or standards, or

    iv.    Located on public right-of-way, city-owned or dedicated property, a public or private open space area or conservation easement;

    3.    The value of a tree under this section shall be determined by an arborist in accordance with the methods set forth in the “Guide for Plant Appraisal” an official publication of the International Society of Arboriculture.

    D.    Injunction. Upon request of the tree permit administrator, the city attorney may, or upon order of the city council, the city attorney shall institute appropriate action in any court to enjoin any violation of this chapter or any violation of a permit or condition of a permit issued under this chapter.

    E.    Arborist Report and Required Treatment. Upon request by the city, a person who violates any provision of this chapter shall submit a report prepared by an arborist to evaluate the damage to a tree and/or make recommendations to remedy the violation. The city upon evaluating these recommendations, may, at the city’ s discretion, require that the recommended measures be implemented.

    F.    Cumulative Remedies. The rights, remedies, and penalties provided in this chapter are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the city under any other provision of law. (Ord. 646 § 2 (part), 2005)