§ 33-6.27.12. Violations of this section.

(a)

Obligation of property owner. For purposes of enforcement of this section:

(1)

Tree permitting, protection, and replacement obligations remain the obligation of the property owner which was, or should have been, the subject of a permit under this section, at the time of permitting, protection, or replacement, regardless of a later transfer of ownership of said property, unless the obligation to fulfill the requirements of this section have been specifically written in the document transferring ownership of said property.

(2)

Penalties for violation of this section shall be assessed against the property owner which was, or should have been, the subject of a permit under this section, at the time of the violation of this section regardless of a later transfer of ownership of said property.

(b)

Enforcement. Upon report of a violation of any of the provisions of this section, the parish arborist or parish landscape architect shall immediately investigate the alleged violation. Upon confirmation of sufficient evidence that the violation occurred, the parkways director or planning director, as applicable, shall notify the property owner in writing, indicating the nature of the violation and ordering the discontinuance of the illegal activity and any action necessary to correct it, including action pursuant to Chapter 2.5, Administrative adjudication of public health, housing, fire code, environmental and historic district violations, of this Code.

(c)

Penalties. All monetary proceeds from fines imposed under this section, excluding court costs, shall be dedicated to a special fund for the planting or maintenance of trees on public property.

(1)

Any property owner who violates the provisions of this section by causing significant damage or death to protected trees because of non-construction related activities on site shall be subject to a maximum monetary fine of five hundred dollars ($500.00) per tree.

(2)

Any property owner who violates the provisions of this section by removing a protected tree unlawfully or without compliance with the requirements of this section, shall be subject to a maximum monetary fine of five hundred dollars ($500.00) per tree removed unlawfully.

(3)

Any property owner who violates the provisions of this section by failing to provide a tree protection plan when required under this section or who violates the tree protection requirement(s) of an issued permit shall be subject to a maximum monetary fine of five hundred dollars ($500.00) per day, per violated requirement, that the property owner remains in violation of each requirement.

(4)

Submission of false information required by this section shall be a violation considered separate from, and in addition to, the violation of any other provisions in this section. Anyone, including, but not limited to, property owners and state licensed professionals, who knowingly submits false information required by this section shall be subject to a maximum monetary fine of five hundred dollars ($500.00) in addition to any other fines or penalties for violations of this section.

(5)

State licensed professionals authorized to provide information or perform work by this section who also have parish licenses shall be subject to revocation of their parish license upon determination of their violation of the requirements of this section, including but not limited to submission of false information and performance of work at the request of a property owner who has not received the proper permits for the work.

(Ord. No. 25405 , § 37, 8-9-17)