Sonoma Municipal Code Art. IX Enforcement

A. Any person who violates any provision of this chapter is liable in a civil action brought by the city attorney on behalf of the city in the amount of the appraised value of the tree (as determined by the Guide for Establishing Values of Trees and Other Plants, ISA, 1992 or as updated), but with a minimum amount of $1,000 for each such violation.

B. If two or more persons are responsible for any violation of the provisions of this chapter, they shall be jointly and severally liable for the civil penalty set forth in subsection A of this section.

C. Amounts recovered under this section shall be deposited into a fund carried upon the financial records of the city which shall be used exclusively for the planting of trees in public places in the city and for tree related educational projects or programs. (Ord. 09-2003 § 1, 2003; Ord. 96-11, 1996).

A violation of any provision of this chapter is an infraction punishable by:

A. A fine not exceeding $200.00 for the first violation;

B. A fine not exceeding $350.00 for a second violation within one year;

C. A fine not exceeding $500.00 for each additional violation occurring within one year. (Ord. 09-2003 § 1, 2003; Ord. 96-11, 1996).

In addition to all other actions and remedies, civil or penal, authorized by law, the city attorney is authorized to file an action in court seeking injunctive relief to enjoin a violation of any provision of this chapter or to prevent a threatened violation of any provision of this chapter. The injunctive relief sought in any such action may be prohibitory, mandatory, or both. (Ord. 09-2003 § 1, 2003; Ord. 96-11, 1996).

In lieu of a civil fine under SMC 12.08.080 or prosecution under SMC 12.08.090 any person who alters, removes, or relocates a tree, or who permits or causes to be altered, removed, or relocated any tree in violation of any provision of this chapter, may petition the tree committee for permission to replace each tree so altered, removed, or relocated, with four replacement trees of an appropriate species as determined by the tree committee, each of a minimum 15-gallon container size, to be planted on the property on which the violation was committed. If approved by the city attorney, the tree committee may grant the petition, with or without conditions, if it finds that the proposed replacement trees will substantially restore the property environmentally to a condition equal to its condition prior to the violation. Each such replacement tree shall be deemed and considered a “protected tree” under the provisions of this chapter. The conditions imposed by the tree committee may include requirements for security to ensure the tree’s successful establishment and proper care for a stated period of time. The tree committee may also authorize the planting of a lesser number of larger trees or a larger number of smaller trees than specified in this section if it finds that either adjustment will be more beneficial to the permanency of all trees on the property. (Ord. 11-2009 § 1(19), 2009; Ord. 09-2003 § 1, 2003; Ord. 96-11, 1996).

The primary responsibility for the enforcement of the ordinance codified in this chapter shall reside with the public works director of the city with the assistance of the city attorney. (Ord. 11-2009 § 1(20), 2009; Ord. 09-2003 § 1, 2003; Ord. 96-11, 1996).