§ 12.36.150. Enforcement and penalties.

A.

Except in compliance with the terms of this chapter, no person shall remove, damage, or endanger any protected tree in the city.

B.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction.

C.

Park Rangers, Senior Park Rangers, Supervising Park Rangers, Senior Park Supervisor, Senior Tree Supervisor, Arboricultural Inspector, and Management Assistant (Parks) of the city of Oakland are authorized to enforce the provisions of this chapter and, pursuant to the provisions of Section 5 of the California Penal Code, are further authorized to arrest without a warrant any person violating said chapter.

D.

A violation shall be liable for all costs associated with the investigation and enforcement of this chapter by the city.

E.

In addition, a violator shall be required to provide replacement trees and/or fees, but not to exceed the value of the tree or trees legally removed or damaged, as evaluated by the formula developed by the International Society of Arboriculture.

F.

An applicant or property owner who fails to comply with the provisions of this chapter, or who violates said provisions, shall not receive a certificate of occupancy from the city for any project wherein such noncompliance and/or violations have occurred until such time as the provisions of this chapter have been fully satisfied.

G.

The remedies set forth in subsections A through G of this section shall be considered alternative, and shall be in addition to any other remedies available to the city in law or equity.

(Prior code § 7-6.11)