CITY COUNCIL REGULAR MEETING AGENDA PACKET

Ordinance No. 2288 Page 11 of 12 of Arboriculture pruning standards to promote the well-being of the tree. Topping shall not be permitted unless specifically approved by the Director. The Director shall stop any tree pruning performed by a utility if said practices are not being followed. 17.16.100 Insurance requirements. Any person engaged in the business of pruning a Protected Tree within the city shall be licensed with the California Contractors State License Board (CSLB) and shall carry insurance as required by the CSLB. 17.16.110 Penalties. A. Any person who unlawfully removes or Effectively Removes a Protected Tree in violation of this chapter shall pay a civil penalty of $100 for each inch of circumference of the tree’s trunk when measured 54 inches above grade (or measured at the height of the remaining trunk if less than 54 inches), or the appraised value of the tree, whichever is greater. The appraised value of the tree(s) shall be determined by the Director in accordance with the “Guide for Plant Appraisal” pursuant to the Council of Tree and Landscape Appraisers (CTLA). If there is no measurable part of the tree remaining, resources such as photographs, past plans, or Google Earth Streetview may be used to determine tree species and approximate size. If such resources are unavailable or the evaluator is not able to determine tree species and approximate size, then a minimum fine of $5,000, or other amount as determined by the Director, will be charged. B. If there are mitigating factors or other circumstances that may warrant reducing the penalties set forth above, the Director shall have the discretion to reduce the penalty to a lesser amount on a case-by-case basis. C. The property owner who hired such person to prune or remove a Protected Tree shall be responsible for payment of the penalty unless otherwise determined by the Director. The collection of penalties may be enforced through the use of a collection agency or by civil action brought by the City. D. The penalty imposed by the Director, may be appealed by the person subject to such penalty by submitting a written appeal to the City Clerk within 20 days of the date of the imposition of such penalty, and shall state the facts and grounds for the appeal and be signed by the appellant. Such appeal will be heard by the Protected Tree Board of Appeals as provided in Section 17.16.045. E. The Director may consider the cost of replacement tree(s) as partial payment of any penalty under this chapter. F. The failure of a person to plant a replacement tree(s) within one year, or water and care for such replacement tree(s) until establishment, shall be subject to penalties for the value of the original tree(s) removed, as provided in Subsection A, above, as reasonably determined by the Director. Page 47 of 893