§ 17.21.8. Restitution and replacement of protected trees.

Protected trees are valuable assets to the city and, as a result of the death or damage of a protected tree without benefit of a permit, the public should be compensated. A person who removes or destroys a protected tree in violation of this chapter shall replace each tree removed or destroyed, in accordance with each of the following conditions:

A.

Replacement trees in at least twenty-four- (24) inch boxes shall be planted in the following ratio: two replacement trees for each six inches or fraction thereof of the diameter of each tree removed or destroyed.

B.

Each replacement tree shall be of an appropriate species as determined by the Zoning Administrator.

C.

Each replacement tree shall be planted on the site where the tree was destroyed or removed unless the site cannot accommodate the replacement trees, in which case the property owner shall make an in-lieu payment of six hundred seventy-five dollars ($675.00), adjusted for the cost of living from year 2002 under the Bureau of Labor Standards Consumer Price Index All Urban Consumers San Francisco/Oakland/San Jose Area, for each replacement tree otherwise required.

D.

The Zoning Administrator may impose requirements to ensure a replacement tree's health for up to two years. The Zoning Administrator may authorize the planting of a lesser number of larger trees or a larger number of smaller trees than specified in this section if either will be more beneficial to the health and vigor of all trees on the property.

(Ord. 02-03 § 23 (part): Ord. 99-5 § 2 Exh. A (part))