13.40.150 Remedies

In all cases where Protected Trees are removed or Damaged unlawfully, the Director may require replacement by anyone participating in an unlawful act as follows:

(a) Heritage Tree Removal. Heritage Trees removed without a valid tree Removal permit shall be replaced with one 48" box tree or the equivalent as set forth in the Administrative Guidelines. Enhanced replant conditions may be imposed if the Director determines that the value of the removed tree was greater than that of a 48" box tree. In such cases, the Director shall determine the level of replacement, which may not exceed the tree's Replacement Value. In addition to the requirements of this subsection, penalties in accordance with this Chapter or other sanctions allowed by law may be imposed for Removal of Heritage Trees without a permit.

(b) Street Tree Removal. Tree replacement shall be in accordance with the Street Tree Master Plan and shall be a maximum of one 48" box tree for each Street Tree removed, as determined in the discretion of the Director. Replacement, as determined by the Director, may be in a different location than the location from which Removal occurred.

(c) Street Tree Pruning. In the event Pruning of a Street Tree or other cause results in Damage to the tree compromising its health or structural integrity or is severely detrimental to its overall form, the Director may require replacement by the person or entity causing the Damage.

(d) If the Street Tree that is removed is a Heritage Tree, the provisions for replacement of Heritage Trees shall apply.

(e) Where the Director determines that replacement is not feasible and/or appropriate, the Director may:

(1) require that a payment of equal value to the cost of the purchase and installation of the replacement tree(s) be made to the City tree planting fund; or

(2) place other conditions on the permit which are of equal value to the cost of the purchase and installation of the replacement tree(s).

(f) Additional Measures for All Protected Trees. Any person causing Damage to a Protected Tree shall be required to take such steps as may be required by the Director to assure the future vitality of the tree, including costs of treatment and/or construction of protective barriers, or if the Director determines that the Damage is so great that the tree is no longer reasonably sustainable, replacement of the Damaged tree.