§ 32-352. Violations and penalties; civil actions.

(a)

It shall be unlawful for any person to plant or otherwise maintain a new growth of a tree in an area where such planting or maintenance is prohibited by this article.

(b)

It shall be unlawful for the property owner or other person in control of any property to permit any tree to remain on such property in violation of an order from the director of code enforcement or his designated representative, from the director of public works or his designated representative, or from the director of parks.

(c)

It shall be unlawful for the property owner or other person in control of any property to allow any trees to hinder or obstruct any public rights-of-way abutting such property or to violate any minimum height clearance requirements.

(d)

Any person who violates any of the provisions of this ordinance is guilty of a public offense and, upon conviction or a plea of guilty, shall be sentenced to a fine not to exceed $1,000.00.

(e)

The unified government may further enforce the provisions of this article by maintaining an action in the appropriate court for injunction to enforce the provisions of this article, to cause correction of any violation of this article, for assessment and recovery of a civil penalty for such violation, or to pursue other appropriate civil remedy.

(Ord. No. O-28-08, § 1(21), 4-3-2008)