Capitola Municipal Code Art. V Enforcement and Evaluation

The community development director is hereby charged with the responsibility for the enforcement of the ordinance codified in this chapter as soon as it is adopted, and may serve notice to any person in violation thereof or institute legal proceedings as may be required, and the city attorney is hereby authorized to institute appropriate proceedings to that tend. (Ord. 863 § 2, 2004)

The community development director and/or designee, with the help of the public works department, shall enforce conditions of approval, monitor replacement tree planting and maintenance to ensure the city regulations are being implemented.

A. Conditions of Approval for Sick and Hazardous Trees. In general the staff member who issues tree permits for sick or hazardous trees will monitor planting and enforce conditions related to those replacement trees planted in the public property.

B. Conditions of Approval for Healthy and Heritage Trees. The community development department staff will monitor planting and enforce conditions related to healthy trees, heritage trees, and for replacement trees planted on private property that were part of a removal permit issued by the public works department staff. (Ord. 863 § 2, 2004)

The public works department will respond to citizen complaints regarding dangerous, diseased, and hazardous trees. The community development department will respond to complaints related to illegal removal, harm or excessive pruning and similar problems occurring to healthy trees and heritage trees. When such complaint calls are received during the weekends by the police department, a police officer would inspect the site, order a stop work notice, and report to the community development department staff on the first working day of the week. In case of an emergency situation the officer would follow provisions as stated in Section 12.12.210. (Ord. 863 § 2, 2004)

Tree trimmers are required to perform according to city regulations as set forth in this chapter and in the community forest program. Violation of these regulations is reason for revocation of the city permit to operate within Capitola, and removal from the city list of certified tree trimmers and arborists. (Ord. 863 § 2, 2004)

A. Criminal Penalty. Any person alone, or through an agent, employee or representative, who violates any provision of this chapter shall be guilty of a separate offense for each act constituting a violation of this chapter. Persons criminally liable for a violation of this chapter include, but are not limited to, a property owner, an arborist, a tree trimming business, or contractor who perform work or cause work to be performed in violation of this chapter. The city attorney shall have the discretion to prosecute any violation of this chapter as either a misdemeanor or an infraction punishable by a fine in the maximum amount authorized by the California Penal Code for misdemeanors and infractions.

B. Civil Penalty. As an alternative to criminally prosecuting violations of this chapter, the city may seek civil penalties as herein below set forth.

1. Non-Heritage Tree Violations.

a. The violation of any provision contained in this chapter is declared to be unlawful and shall constitute a public nuisance, subject to the penalties as prescribed in this chapter. Such penalties may be assessed also against a certified arborist, property owner, or contractor who performed work in violation of this section. In addition thereto, any person unlawfully removing, destroying or damaging any protected tree shall be penalized as follows:

i. Replacing the unlawfully removed tree with one or more new trees which, in the opinion of the community development director or planning commission, will provide equivalent aesthetic quality in terms of size, height, location, appearance, age and other characteristics of the unlawfully removed tree. Such trees shall be located on site where the tree was removed;

ii. Where similar replacement trees will not provide reasonably equivalent aesthetic quality because of the size, height, location, appearance, age and other characteristics of the unlawfully removed or damaged tree at the discretion of the community development director or planning commission, the community development director shall calculate the value of the removed tree in accordance with the latest edition of the Guide for Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers. Upon the determination of such value, the community development director may require either a cash payment to the city, and/or the planting of replacement trees as designated by the community development director, or any combination thereof, in accordance with the following:

(A) Cash payment for any portion or all of the value of the removed tree in accordance with this section, and

(B) The replacement of removed trees, the retail costs of such trees, as shown by documentary evidence satisfactory to the community development director, shall be offset against the value of the removed or damaged tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees;

iii. Where a violation(s) of this section has previously occurred with the same property owner, agent, certified arborist or contractor, or advance knowledge of the requirements of this section have been provided to the property owner, agent certified arborist or contractor, the community development director or planning commission, at their discretion, shall require payment of a double penalty fee pursuant to subsection (B)(1);

iv. All applications and permit fees paid to the city shall be forfeited.

b. In addition to the civil penalty herein above prescribed, the city shall also recover the cost of staff time, attorney fees and court proceedings incurred in connection with the violation.

2. For Heritage Trees. A penalty pursuant to subsection (B)(1) shall be charged. In addition to the penalty herein prescribed, the city shall also recover the cost of staff time, attorney fees and court proceedings incurred in connection with the violation.

C. Restitution. As an alternative, or in addition to criminal or civil penalties the city may require restitution of any person unlawfully removing, destroying or damaging any trees as prohibited in this chapter as follows:

1. Replace the unlawfully removed tree with one or more trees that, in the opinion of the community development director, will provide equivalent aesthetic quality and other values in terms of size, height, location, appearance, age and other characteristics of the unlawfully removed tree. Such trees may be required to be located either on or off site where the tree was removed.

2. Where similar replacement trees cannot be planted on site, in lieu fees shall be paid into the community tree fund to compensate for the planting and maintenance of the tree and the canopy coverage removed.

D. Disqualification. In the event a violation is committed by or under the direction of a certified arborist, a “permitted” tree trimmer or other contractor included in the city’s list, he or she will be removed from the city’s list for a minimum of one year. A person or company may petition to be relisted. The community development director may grant the petition if he or she concludes that the petitioner will follow this chapter’s regulations in the future. (Ord. 954 § 4, 2011; Ord. 863 § 2, 2004)

The community development director may collect and maintain all records and data necessary to objectively evaluate whether progress is being made toward the stated goals of this chapter. Evaluation methods may include, and may not be limited to:

A. Aerial photos taken periodically to develop citywide base maps for canopy coverage evaluation, sensitive habitat zones area evaluation, parks and street/transportation corridor landscaping;

B. An annual summary and analysis of the tree removal and replacement trees planted on lots evaluated, may be prepared by the director at the direction of the planning commission, and may include, but not be limited to the:

1. Canopy coverage removed,

2. Canopy coverage replaced,

3. Flowering trees replaced,

4. Large trees planted, and

5. The amount of in-lieu fees collected over a one to three-year period as specified by the commission. (Ord. 863 § 2, 2004)