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A. Enforcement. Any person who cuts, damages, or removes a protected tree in violation of this Chapter shall be deemed guilty of a misdemeanor. A violation of this Chapter shall also constitute a public nuisance and may be abated and/or enforced through civil, criminal, or administrative proceedings in accordance with Title 1 of the Petaluma Municipal Code. In addition to other remedies available, a violation of this Chapter during construction may result in an immediate stop-work order until permits are obtained and required mitigation procedures are in place.

If a civil or administrative action is brought by the City, a penalty may be assessed against anyone who violates any provision of this Ordinance or any approved Tree Protection and Preservation Plan.

Where a tree is illegally removed, or damaged to a degree that survival is not expected, the penalty shall include full replacement value of each tree, and shall be paid to the City. Replacement values shall be developed using the most recent edition of the “Guide for Plant Appraisal”, published by the Council of Tree & Landscape Appraisers. If a violation occurs during development, appraised values for each tree will be found in the Tree Protection & Preservation Plan.

Where a tree is illegally damaged and the damage cannot be fully corrected but the tree is expected to survive, then the penalty shall include full replacement value times the percentage of the tree damaged.

A civil or administrative action may also be implemented to provide appropriate relief to abate, enjoin, or otherwise compel the cessation of such violation.