A. Any person causing a heritage tree to be disturbed and/or damaged in violation of this chapter shall submit an amount equal to one-half the appraised value of the heritage tree prior to such disturbance and/or damage, as a civil penalty in addition to the penalties as outlined in Chapter 1.20. If a heritage tree that has been disturbed and/or damaged dies within one year of the date of the citation, it will be presumed that the disturbance and/or damage caused the death and the penalties set forth in subsection B of this section shall apply instead of those herein.

B. Any person causing a heritage tree to be removed in violation of this chapter shall submit an amount equal to two times the appraised value of the removed heritage tree as a civil penalty in addition to the penalties as outlined in Chapter 1.20.

C. Pursuant to Section 1.20.020, a civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

D. Where there has been a violation, the violator shall obtain a retroactive heritage tree removal permit for the previously conducted unlawful activity, subject to the full range of requirements and conditions as specified in Section 8.10.040.

E. All remedies provided in this section shall be cumulative and are not exclusive. (Ord. 641 § 1 (Exh. A (part)), 2020; Ord. 565 § 1, 2006; Ord. 533 § 4, 2002; Ord. 490 § 16, 1996; Ord. 484 § 1(D) (part), 1994; Ord. 444 § 5, 1989. Formerly 8.10.060)