A. Violation General. Violation of the provisions of this chapter or failure to comply with any of the requirements shall constitute a misdemeanor and such violation shall be punished as provided by LMC Title 9 for the commission of a misdemeanor. Each day such violation continues shall be considered a separate, distinct offense. The city’s code enforcement officer shall promptly investigate all complaints of illegal tree removals.

B. Penalties. Any person who commits, participates in, assists or maintains such violation may be found guilty of a separate offense and suffer the penalties as set forth in subsection A of this section.

C. Mitigation Required. In addition to the penalties set forth in subsections A and B of this section, any violation of the provisions of this chapter shall be mitigated by comprehensive treatment of environmental impacts through revegetation of the affected site. In assessing environmental damage, the city’s tree protection professional shall determine the extent and value of vegetation removed or damaged and other environmental damage inconsistent with the intent and requirements of this chapter. In assessing environmental damage, the tree protection professional shall consider what the outcome of the site should have been had the proposed project been designed around existing topography and vegetation and all appropriate vegetation saved. The tree protection professional shall use the methodology in the current edition of the International Society of Arboriculture’s “Guide for Plant Appraisal” in determining the value of removed and damaged vegetation.

D. Environmental Damage Reviewed. If the violation is discovered after evidence has been removed, the city tree protection professional shall use whatever resources are immediately available to determine environmental damage which may include aerial photographs, other photographs, interviews with adjacent property owners, receipts of timber sales off the site, and any other records available that have a bearing on the quantity and quality of vegetation removed or environmental damage sustained. The tree protection professional also may estimate the appraised value of removed vegetation at the site by analyzing the best case growing capability of the site given soil conditions, health of surrounding tree stands and type of species suspected of being removed. The determination of environmental damage made by the tree protection professional shall be given substantial weight in a court of law.

E. Revegetation. Once the value of the environmental damage is determined, a comprehensive plan for revegetation of the site shall be prepared by the tree protection professional considering the purposes of this chapter and the specific elements provided in LMC 14.32.069. The plan shall provide for a value of new vegetation commensurate with the determined value of environmental damage at the site. The violator shall be fully responsible for implementation of the plan, accomplishment of all improvements and maintenance of said improvements.

F. City Tree Account. If the cost of restoration of the site is less than the true value of environmental damage at the site, the balance shall be paid to the city tree account. The city shall then utilize those funds for planting trees in other areas of the city.

G. Appeal. The determination of the city tree protection professional regarding the environmental damage at the site may be appealed to the city hearing examiner pursuant to the requirements of LMC 14.32.080.

H. Hearing Examiner Review. In review of the tree protection professional’s decision, the hearing examiner shall determine if the tree protection professional’s decision accurately reflects the criteria set forth in LMC 14.32.020.

I. Relevant Facts. Additionally, the city hearing examiner may consider any other facts the examiner determines are relevant to the specific situation.

J. Reduction of Monetary Value. In cases where the determined value of environmental damage far exceeds the site restoration requirements, and extenuating circumstances the examiner determines are relevant to the case are present, the hearing examiner may reduce the monetary value assigned to the environmental damage, provided the hearing examiner shall reduce the determined compensation only when all of the following criteria are demonstrated by the applicant:

K. Monetary Compensation. If all of the above criteria are demonstrated, the hearing examiner may reduce the monetary compensation required. In determining the monetary compensation reduction, the hearing examiner shall consider the following factors:

L. Limitation on Reduction. In fixing the amount of compensation, the hearing examiner shall not reduce the determined compensation by more than thirty percent of the true value of the environmental damage as determined by the tree protection professional; provided further, that no reduction shall be given in cases where the true value of environmental damage does not exceed the cost of restoration determined necessary by the city’s tree protection professional; provided further the hearing examiner may double the monetary compensation if the violation is a repeat violation. In determining the amount of increased compensation, the examiner shall also consider the criteria of this section.

M. Appeal of Hearing Examiner Determination. Appeals of violation determinations by the city hearing examiner shall be appealed to superior court. An appeal of the hearing examiner decision must be filed with Thurston County superior court within twenty calendar days from the date the hearing examiner decision was mailed to the person to whom the decision on monetary compensation was made. (Ord. 1617 §10, 2022; Ord. 1269 §21, 2006; Ord. 935 §2 (part), 1992).