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In addition to taking enforcement action and assessing penalties for violations of this code, as authorized by chapter 18.1.6 Zoning Permit Expiration, Extension, and Enforcement, the City may take the following mitigation actions where there is a violation of this chapter:

A. 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.

B. 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.

c. The tree removed or damaged was:

i. 18 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 this ordinance; 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.

C. Fine. 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.

D. 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.

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