Enforcement

(a)

The department of code enforcement, its inspectors and the planning department shall have concurrent jurisdiction for the proper and effective enforcement of this article under chapter 2, article X entitled "Code enforcement."

(b)

The enforcement agency shall immediately issue an order to cease and desist any work being carried out in violation of this article or any permit conditions promulgated under this article. Upon notice of such violation, no further work shall take place until appropriate remedial action is instituted, as determined by the enforcement agency.

(c)

In cases where tree removal is carried out without the necessary permit under the terms and conditions of this article, the property owner shall be required to make application for an after-the-fact tree removal permit and certificate of approval, if applicable. The appropriate reviewing agency may grant an after-the-fact certificate of approval or tree removal permit only if it finds that the same application would have rightfully been approved prior to removal of the tree(s), and that each tree destroyed is to be replaced by trees of equal or greater value. Such replacement trees shall be located on the subject site wherever practical, or they may be required to be located on public property. Such replacement shall be assured by a performance bond or by a cash contribution to a tree planting fund established by the city. If the conditions for an after-the-fact tree removal permit are not fulfilled, the case shall be referred to the law department for appropriate action under sections 17-41 and 17-42.

(Code 1967, § 64-17; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-19; Ord. No. 13174, § 2, 5-13-10)