Moraga Municipal Code Art. 4 Appeals, Enforcement, Prohibited Acts and Penalties

The planning director's decision regarding a request for a tree removal permit, may be appealed to the town manager at no cost, the person aggrieved by the action may appeal the decision to the town council upon payment of a fee of one hundred fifty dollars ($150.00). A person desiring to appeal a decision shall file notice of appeal in writing with the town manager within ten (10) days after the date of the decision being appealed. The notice shall briefly state the facts and the grounds of appeal. In other respects, the procedure for hearing the appeal and the formulation of the decision shall be as set forth in Section 1.16.010.

(Ord. No. 256, § 3, 10-14-2015)

Editor's note— Ord. No. 256, § 3, adopted Oct. 14, 2015, amended § 12.12.130 in its entirety to read as herein set out. Former § 12.12.130 pertained to similar subject matter, and derived from prior code § 12-1031; Ord. No. 182, § 2(part), 2000.

A member of the town council may request the town council to review a decision made by the town manager or planning director. If a member of the town council requests such a review, the procedure shall be as in the case of an appeal, except that no fee is payable.

(Ord. 182 § 2 (part), 2000: prior code § 12-1032)

A. A tree which is planted and maintained in violation of this chapter, is a public nuisance. A tree, which is not maintained as required in Sections 12.12.060 through 12.12.090 is a public nuisance. The town may take proceedings for the abatement of this nuisance as provided in Chapter 7.16.

B. A person who violates the provisions of Section 12.12.030 shall be subject to an administrative fine not exceeding one thousand dollars ($1,000.00) for each tree removed without obtaining the proper permit, and may be required to plant replacement trees in a ratio determined by the planning director.

C. Other Enforcement Remedies. A violation of this chapter may be subject to any other civil and criminal procedures and fines as provided by the town of Moraga Municipal Code and California State Law, including the town's administrative citation regulations set forth in Chapter 1.28, as may be amended from time to time.

D. Cumulative Remedies. The remedies set forth herein are cumulative and may be pursued alternatively or in combination with one another.

(Ord. No. 256, § 4, 10-14-2015)

Editor's note— Ord. No. 256, § 4, adopted Oct. 14, 2015, amended § 12.12.150 in its entirety to read as herein set out. Former § 12.12.150 pertained to violation as nuisance—procedure for abatement, and derived from prior code § 12-1033; Ord. No. 182, § 2(part), 2000.

Editor's note— Ord. No. 256, § 5, adopted Oct. 14, 2015, repealed § 12.12.160, which pertained to prohibited acts and derived from prior code § 12-1034; Ord. No. 182, § 2(part), 2000.

A person who is convicted of a violation of Section 12.12.160 shall be guilty of a misdemeanor.

(Ord. 182 § 2 (part), 2000: prior code § 12-1035)