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A. Application. This section shall apply in addition to the provisions of RMC Chapter 1.14, Enforcement and Penalties.

B. Remediation. Any person who removes a tree in violation of the conditions of a tree removal permit or in violation of this chapter shall be subject to remedial measures. For the purpose of code enforcement, if a tree has been removed and only the stump remains, the size of the tree shall be the diameter of the top of the stump. The following provisions shall apply in instances where such remedial measures are required:

1. The applicant shall satisfy the permit provisions as specified in RZC 21.72.020, Permits Required.

2. Remedial measures must conform to the purposes and intent of this subsection. In addition, remedial measures must meet the standards specified in RZC 21.72.080, Tree Replacement, except that the number of replacement trees for significant trees damaged, destroyed, or removed shall be as follows:

Table 21.72.100A
Replacement Tree Requirements

Size of Removed Tree

Number of Replacement Trees Required

6 inches

2

Greater than 6 to 9 inches

3

Greater than 9 to 12 inches

4

Greater than 12 to16 inches

5

Greater than 16 inches

6

Replacement trees shall be replanted with trees as follows:

Table 21.72.100B
Replacement Tree Size

Type

Size

Deciduous   

3 inches in diameter at breast height (d.b.h.)

Evergreen   

12 feet in height

3. Remedial measures must be completed within the time frame specified by the Administrator.

4. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant’s failure to implement required remedial measures, the Administrator may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of RZC 21.76.090.F, Performance Assurance.

C. Penalties. The Administrator may impose a penalty of up to $3,000 per tree for removal of or damage to significant trees in violation of this chapter.

Effective on: 4/16/2011