Search Again (back)
You searched for:
Enforcement and Penalties
Arlington View whole ordinance
§ 67- 3-3. Penalties.
Any person or entity who violates any provision of this Article by causing, contributing to, or permitting injury to or removal or destruction of a Heritage, Memorial, Specimen, or Street Tree shall be subject to a civil penalty not to exceed $2,500 for each violation.
Civil penalties shall be imposed by the issuance of a civil summons by the County Manager. Any person or entity served with a summons shall have thirty (30) days in which either to pay a fine to the Treasurer of Arlington County, Virginia, or to appeal the violation to the General District Court.
Chesapeake View whole ordinance
§ 19-609. Violations.
Any violation of the terms of this section shall be a violation of the zoning ordinance and shall be subject to the penalties established for violations of the zoning ordinance. Enforcement action may be brought by the zoning administrator or by the city of Chesapeake.
Farmville View whole ordinance
Sec. 27-6. Licensing and permits.
It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, spraying, or to otherwise treat trees, shrubs or vines on public property, within the town without first producing evidence of a business license.
(Ord. No. 102, 6-15-2006)
Sec. 27-7. Insurance.
All contractors in the business of planting, cutting, trimming, pruning, removing, spraying, and otherwise treating tree, shrubs or vines on public property within the town shall show proof of liability insurance. This certificate of insurance shall be in the amount as required by the town. This coverage shall be for bodily injury or death and property damage, indemnifying the town or any person injured or damages resulting from the pursuit of such endeavors, as herein described.
(Ord. No. 102, 6-15-2006)
Sec. 27-15. Penalties, claims and appeals.
(a) Any person who knowingly and willfully violates any provision of this chapter or who fails to comply with any notice issued pursuant to provisions of this chapter shall be subject to a fine not to exceed two hundred fifty dollars ($250.00) for each separate offense.
(b) Any financial and/or material cost of damage to trees, shrubs, or other landscaping that results from violation of any provision of this chapter shall be the responsibility of the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen, and Evergreens," published by the International Society of Arboriculture. Any decision made by the town may be appealed to the town council in the same manner as set forth in the Town of Farmville Code.
(Ord. No. 102, 6-15-2006)
Lynchburg View whole ordinance
Sec. 35.1-14. Site plan review.
(h) Building and occupancy permits. No building permit shall be issued for a building in an area in which site plan review is required unless the construction proposed by such building permit is in conformance with the approved site plan. No occupancy permit shall be issued in such an area for a use which is not in conformance with the approved site plan.
Martinsville View whole ordinance
XIV. PERMITS
No person other than the Zoning Administrator, his/her designee, or a contractor hired by the City, may perform any of the acts described in this Ordinance without first obtaining permits as required in this Ordinance, for which no fee shall be charged.
XV. ENFORCEMENT
The Zoning Administrator, or his/her designee, shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants, subject to this Ordinance.
XVI . PENALTIES, CLAIMS AND APPEALS
Public employees, performing assigned duties, shall be exempt from penalties and claims that proceed from violation of any section of this Ordinance. Any person, firm, or corporation whether a principal, agent, employed or otherwise, knowingly and willfully violating or causing or permitting the violation of this ordinance, shall be guilty of an unclassified misdemeanor, punishable by a fine as set forth by the Court, not to exceed $2,500. Failure to remove or abate such violation within the specified time period set by the Court upon conviction, shall constitute a separate unclassified misdemeanor offense punishable by a fine as set forth by the Court, not to exceed $2,500. Any such failure during any succeeding thirty-day period shall constitute a separate unclassified misdemeanor offense for each thirty-day period punishable by a fine as set forth by the Court, not to exceed $2,500.
Any financial and/or material cost of damage to trees, shrubs, plants or landscaping that results from violation of any provision of this Ordinance shall be the responsibility of the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture.
XVII. REVIEW
The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board, and to reverse or amend them by majority vote.
Norfolk View whole ordinance
Sec. 45-1. Violations.
Unless otherwise specified, any person violating any provision of this chapter or any permit issued pursuant to any provisions of this chapter shall be guilty of a class 1 misdemeanor. Each day a violation continues shall be deemed a new violation. In addition to any penalties imposed for each violation, a judge hearing the case may order the person responsible for such condition or violation to restore, remediate or correct the violation or condition, and each day's default in such restoration, removal orremediation after being so ordered shall constitute a violation of and a separate offense under this chapter.
(Ord. No. 41,728, § 1, 2-15-05)
Sec. 45-13. Permits; when required.
(a) It shall be unlawful for any person except an authorized employee of the bureau of parks and forestry to perform any of the following acts on city-owned property without first obtaining a permit from the director:
(1) Plant, transplant, prune, trim, root prune, spray, fertilize, treat, trim, remove, paint, climb or otherwise damage or disturb any tree, shrub or other vegetation or any part thereof, (including live, diseased, declining or dead), or protective and supportive devices.
(2) Place either above or below ground level, a container for trees, shrubs or other vegetation.
(3) Affix or cause to be affixed to any tree, shrub or other vegetation any sign, notice, announcement, banner, rope, cable, nail, tape, wire, or any other object, or to use the same in any connection with any guard or stake protecting or supporting such tree, or permit any electrical wires, cables, poles, cross arms, brackets, insulators, or other wires or fixtures to come into contact with any shade tree or ornamental tree on the streets or other city owned property.
(4) Dig a tunnel, trench, or otherwise excavate within the critical root zone of a tree, except within the paved roadways from curb face to curb face.
(5) Apply any chemical or material of any sort to or within the critical root zone of any tree including but not limited to insecticides, herbicides, fungicides, or soil sterilants/or growth regulators that either prevent or hinder the establishment or viability of vegetation or which is detrimental to the environment.
(6) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the critical root zone of any tree, shrub or other vegetation.
(b) It shall be unlawful for any person to perform any of the following acts within the resource protection area or intensely developed areas in the Chesapeake Bay Preservation Area Overlay District without first obtaining a permit from the director:
(1) Plant, transplant, trim, prune, remove or otherwise disturb any tree, shrub or other vegetation (including live, diseased, declining or dead), or portion thereof.
(2) Damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any other manmade object to any tree or shrub.
(3) Dig a tunnel trench or otherwise excavate within the critical root zone of any tree, shrub or other vegetation.
(4) Apply any chemical, including, but not limited to, herbicides and/or growth regulators, that either prevents or hinders the establishment of viability of vegetation or which is detrimental to the environment.
(5) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the critical root zone of any tree, shrub or other vegetation.
(c) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice as approved by the bureau of environmental services and in accordance with applicable permit conditions or requirements.
(d) When trees, shrubs or other vegetation are removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced or mitigated in accordance with controlling arboricultural specifications and standards. Failure to replace or mitigate as directed shall constitute a violation of this chapter.
(e) It shall be unlawful to fail to comply with any terms or conditions of any permit issued pursuant to this section.
(f) Nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as may be required by law.
(Ord. No. 41,728, § 1, 2-15-05)
Sec. 45-14. Maintenance permit for work on city property.
(a) The director, under special circumstances, may issue a maintenance permit which authorizes residents within a defined area to maintain the shrubs, trees and flowers on city-owned property lying between the paved portion of the street and in areas of the city where sidewalks do not exist and the distance between the paved portion of the street and the property line is larger than is normally found in other areas of the city, and in such other areas as the director shall determine that the issuance of such maintenance permit would be in the best interest of the city in carrying out the purpose and intent of the tree ordinance. The director may impose such conditions and limitations on the permits as would be consistent with the terms and conditions of this article. If residents in the area fail to carry out the maintenance program within the conditions and limitations set forth in the permit, the director of neighborhood and leisure services may revoke the same. The issuance of such permit shall not in any waycondone or authorize any property owner to maintain a public nuisance on public or private property, nor does the permit exempt such property owner from the other provisions of this article.
(b) The director may issue an area-wide or city-wide permit in order to correct or eliminate problems or conditions where it is not feasible or practicable to handle in any other way. The director may implement this permit by advertising in a newspaper of general circulation in the city setting forth the problem or condition to be corrected or eliminated, the manner and materials to be used, and other conditions, as he sees fit, to protect the urban forest.
(Ord. No. 41,728, § 1, 2-15-05)
Sec. 45-15. Maintenance permit for work on private property.
The director may issue a maintenance permit for activity in the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District when he has determined that the applicant has presented sufficient information to ensure the objectives of the zoning ordinance and the tree ordinance will be faithfully carried out by the applicant. The director shall impose such conditions and limitations as would be consistent with the terms and conditions of the zoning ordinance. Ifthe permittee fails to carry out the maintenance program within the terms and conditions set forth in the approved management plan, the director shall revoke the same and take such action as is appropriate to remedy or restore the buffer area. The director shall be guided by the following performance standards designed to maintain the functional value of the buffer area and the indigenous vegetation located therein:
(1) Trees in excess of three (3) inches in diameter at breast height (four and one-half (4.5) feet above the ground) shall not be pruned or removed except as necessary to provide minimal sight lines and vistas, and provided that where removed they will be replaced with other vegetation that in the discretion of the director is equally effective in retarding runoff, preventing erosion and filtering nonpoint source pollution from runoff.
(2) Any access path in the buffer area shall be constructed and surfaced so as to effectively control erosion.
(3) A three-tier riparian vegetated buffer comprised of overstory, understory and groundcover plant materials will be established and/or maintained where practical in the discretion of the director. Disturbance to the soil environment and root systems of trees to remain shall be minimized.
(4) When permitted, alterations to the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District on city-owned property must be completed and maintained by a Virginia Nurseryman and Landscape Association (VNLA) certified horticulturist, or ISA certified arborist or ISA certified tree worker.
(Ord. No. 41,728, § 1, 2-15-05)
Sec. 45-16. Permit exemptions.
(a) Any person performing emergency utility work to restore, but not increase beyond the original capacity of underground transmission or distribution systems or utility services to existing residential, commercial or governmental facilities, and within the same trench as existing utilities, shall be exempt from obtaining a permit, provided that all applicable controlling arboricultural specifications and standards are followed and that the city forester is notified as soon as practical should excavation necessitate cutting roots in excess of three (3) inches in diameter.
(b) Any person performing emergency work to restore but not to relocate or increase the capacity of overhead transmission or distribution systems or overhead utilities services to residential, commercial, or governmental facilities and which necessitates the cutting of limbs or branches up to four (4) inches in diameter, as measured outside the branch collar, shall be exempt from obtaining a permit, provided that all applicable controlling arboricultural specifications and standards are followed and the city forester is notified as soon as practical following the completion of such work.
(c) A resident of the city shall not be required to obtain a permit for pruning sucker growth less than one inch in diameter which originates from the base of crape myrtle trees growing in that portion of the public right-of-way between the curb and sidewalk and directly adjacent to property owned or substantially controlled by said resident, or from watering without a permit any tree, plant or shrub located in the right-of-way.
(Ord. No. 41,728, § 1, 2-15-05)
Sec. 45-17. Review of application for permit.
(a) The director, within ten (10) working days of the receipt of an application for a permit, shall issue a permit to perform any of the specified acts for which a permit may be required pursuant to this chapter as long as the following conditions are met:
(1) When such acts would result in abatement of a public nuisance;
(2) When such acts consistent with the development and implementation of the street tree management plan or with any regulations and controlling arboricultural specifications and standards or with the purpose and expressed intent of this chapter;
(3) When an application has been signed by the applicant and submitted to the bureau of parks and forestry detailing the location, number, size and species of trees, shrubs and other vegetation would be affected by such acts, setting forth the purpose of such acts and the methods to be used along with any additional information the city forester may find reasonably necessary;
(4) When the applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this article, the street tree management plan and controlling arboricultural specifications and standards; and
(5) When the applicant certifies that he has read and understands the provisions of this article, the terms and conditions of the permit, controlling arboricultural specifications and standards, city tree protection notes and details, and street tree planting and location standards, or other applicable standards which are pertinent to the work for which the permit is sought; or
(b) The director may place certain conditions, limitations or other applicable standards and guidelines in the permit which he deems to be necessary to carry out the purpose and expressed intent of this article.
(c) The director may require the applicant to post a bond or provide a letter of credit in an amount and with surety and with conditions satisfactory to him securing compliance with the conditions and limitations set forth in the permit.
(Ord. No. 41,728, § 1, 2-15-05)
Sec. 45-18. Appeal of denial of a permit.
Any person aggrieved by the actions or orders of the director respecting issuance of a permit shall within ten (10) days from such action or order have an appeal to the city manager or to a person designated by the city manager to hear such appeals. The decision of the city manager or his designee shall be the final administrative remedy under this article.
(Ord. No. 41,728, § 1, 2-15-05)
Sec. 45-19. Revocation of permit.
The director may revoke any permit issued under this chapter if the work for which a permit is issued is not completed in full compliance of stated conditions and limitations or if the work is completed in an unsafe manner, or in violation of any provision of this chapter, the Virginia State Code [Code of Virginia] and guidance promulgated thereto, an order of the board of zoning appeals, or any other applicable permit. The director may also take action as is appropriate to remedy or restore to a safe condition any tree, shrub or other vegetation for which a permit has been revoked or suspended at the applicant's expense.
(Ord. No. 41,728, § 1, 2-15-05)
Virginia Beach View whole ordinance
Sec. 1.5. Violations and penalties. Any person who violates any of the provisions of this ordinance [appendix] shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Each day that a violation continues shall be considered a separate offense. (Ord. No. 1965, 6-11-90)
Waynesboro View whole ordinance
Sec. 90-28. Obstruction.
(d) Failure to comply. When a person to whom an order is directed shall fail to comply within the specified time, the city may prune such trees, and the exact cost thereof shall be recoverable from such person so failing to comply through the city property taxes and/or filed as a lien against the real estate.
(Code 1964, § 29-3)
Sec. 90-29. Abuse or mutilation of public trees.
(a) Unless specifically authorized by the city horticulturist, no person shall intentionally damage, cut, carve, transplant or remove any public tree; attach any rope, wire, nails, advertising posters or other contrivance to any public tree; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair or replacement of any public tree so damaged.
(b) It shall be unlawful as a normal practice to top any street tree, park tree or other tree on public property. ``Topping'' is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstruction where other pruning practices are impractical may be exempted from this subsection at the determination of the city horticulturist.
(Code 1964, § 29-4)
Sec. 90-34. Timing of applications for permits.
Applications for permits required by the provisions of this article shall be made at the office of the city horticulturist not less than 72 hours in advance of the time the work is to be done.
(Code 1964, § 29-9)
Winchester View whole ordinance
SECTION 30-16. VIOLATIONS OF ARTICLE.
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor. In addition, wherever the words city manager shall appear in this Article, they shall be deemed to include the City Managers designee.
(Ord. No. 020-2001, 5-8-2001)
SECTION 30-17. ISSUANCE AND EXPIRATION OF PERMITS REQUIRED BY ARTICLE; APPEALS.
(a) All permits required by this article shall be issued by the city manager, who may, at his option, with the exception of the situations described in Sections 30-20(b) and 30-21, consult the members of the tree commission as to such matters. Any and all such permits shall expire at such time as may be designated therein.
(b) The city manager shall advise the applicant and the chairman of the Tree Commission in writing of his decision to issue or deny any permit required by the Article. Any person aggrieved by the decision of the city manager to issue or deny any such permit shall have the right to appeal the decision to the Common Council by advising the City Managers Office in writing within Ten (10) days of the date of the city managers decision. The Deputy Clerk of the Council shall place the appeal on the Agenda for thenext regularly scheduled meeting of the Common Council.
(Ord. No. 020-2001, 5-8-2001)
SECTION 30-18. PERMIT TO PLANT.
It shall be unlawful for any person to plant any tree in any street, park, public place or public grounds of the City, without first having obtained a written permit therefor from the city manager, who may, at his option, consult the tree commission, setting forth the variety thereof and the location where the same may be planted, and without in all respects complying with the conditions and terms of such permit. (Code 1959, §19-9; Ord. No. 020-2001, 5-8-2001)
SECTION 30-19. PERMIT FOR ATTACHMENTS.
It shall be unlawful for any person, without first having obtained a written permit from the city manager, who may, at his option, consult the tree commission, to attach any wire, insulator, rope, sign, poster, handbill or other thing or substance on any tree growing in any street, park or public place or grounds or on any guard or protection device of such tree. (Code 1959, §§19-1, 19-12; Ord No. 020-2001, 5-8-2001)
SECTION 30-20. PERMIT FOR SPRAYING, TRIMMING, ETC.
(a) It shall be unlawful for any person, except such as may be working under the direction of the city manager, spray or otherwise treat or trim any living tree, or any part thereof, growing in any street, park, public place or public grounds, without first having obtained a written permit from the city manager, who may, at his option, consult the tree commission. (Code 1959, §19-10)
(b) It shall be unlawful for any person, to remove, destroy, or cut down any living tree growing in any street, park, public place or public grounds, without first having obtained a written permit from the city manager, who shall consult the tree commission before issuing any such permit. (Ord. No. 020-2001, 5-8-2001)
|