§ 7.505. Compliance.

A.

Failure to comply with the requirements of the approved native plant program shall cause immediate suspension of all inspection activity. Inspection shall not resume until a sum of money is paid to the city for the purpose of replacing and maintaining protected native plant materials as required in the approved native plant program.

B.

The Development Review Board shall determine the sum of money to be paid to the city from the following schedule:

1.

Protected native trees: Three hundred dollars ($300.00) per caliper inch (measured one (1) foot above ground level).

2.

Protected native cacti: Two hundred dollars ($200.00) per foot.

3.

Maximum per plant: Ten thousand dollars ($10,000.00).

a.

Determination of the sum of money to be paid to the city pursuant to this section shall be based upon the type, size, density, distribution, and condition of plant materials that existed on the property prior to the violation, or upon inspection of the remains of destroyed plant materials or other physical evidence as may be available. Appeal of a decision of the Development Review Board regarding this determination may be made to City Council in accordance with the rules and procedures established in Article I.

C.

The sum of money required by this subsection shall be used to replace removed or damaged plant materials whose retention was required by this subsection and to maintain replacement plant materials for a period of three (3) years. Additionally, fifteen (15) percent of the total amount payable shall be kept by the city as payment for the enforcement of these regulations and administration of the agreement specified in Section 7.505(4).

D.

Prior to issuance of any permits for construction on or development of the property on which the violation occurred, the property owner shall enter into an agreement with a landscape installation and maintenance service and the city to ensure replacement and three (3) years' maintenance of the replacement plant materials, to provide disbursement of the sum of money for the purposes of replacement and to pay administrative costs. The sum of money paid to the city in excess of the amounts specified in the agreement shall be refunded.

(Ord. No. 2262, § 1, 8-15-89; Ord. No. 3225, § 1, 5-4-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 207), 5-6-14)