§ 106.39.080. Post Approval Procedures

The following procedures apply after the approval of a Tree Permit application:

A.

Appeals. The decision of the Director shall be final unless an appeal is filed in compliance with Chapter 106.72 (Appeals).

B.

Expiration/extension. Except where otherwise provided by this Chapter, a Tree Permit shall be exercised within six months from the date of approval or other time limit established through a concurrent land use permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with Chapter 106.64 (Permit Implementation, Time Limits, and Extensions). A Tree Permit not exercised within its time limits shall expire in compliance with Chapter 106.64.

C.

Performance guarantee. The review authority may require that a monetary security deposit, or surety bond if acceptable to the City, be posted and maintained where deemed necessary to ensure:

1.

The preservation of protected trees during construction; and

2.

The completion of required mitigation measures.

The deposit shall be posted in a form approved by the City Attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any Tree Permit condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the review authority, provided that this determination may be appealed in compliance with Chapter 106.72.

D.

Construction monitoring. Monitoring of tree protection and restoration measures specified as conditions of approval shall be performed by site inspection conducted by the Director.

E.

Revocation. A Tree Permit may be revoked or modified after a public hearing conducted by the Commission, with any of the following findings that the tree removal, relocation, or protection activities:

1.

Cannot support the original findings;

2.

Resulted from misrepresentation or fraud;

3.

Has not been implemented in a timely manner;

4.

Has not met, or has violated any condition of approval;

5.

It is in violation of any code, law, ordinance, or statute;

6.

Is detrimental to public health, safety, or welfare; or

7.

Constitutes a nuisance.

F.

Stop work orders. Whenever any construction or work is being performed contrary to the provisions of this Chapter or applicable conditions of approval, the Director may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to the trees. No further work shall be allowed until the violation has been corrected and approved by the Department.

G.

Enforcement. Any person who cuts, damages, or moves a protected tree in violation of this Chapter shall be subject to the enforcement provisions of the Municipal Code.

1.

Violation of the tree preservation requirements of this Chapter shall be punishable as a misdemeanor or an infraction at the discretion of the City Attorney.

2.

A person responsible for the damage or removal of protected trees not authorized by a permit issued in compliance with this Chapter shall be required to pay a mitigation fee equal to three times the value of each damaged or removed tree, as determined by an arborist engaged by the City.