§ 35-493. Violations of Tree Preservation Standards.

(a)

Inside City Limits. It shall be a violation of this division for any person to intentionally or knowingly remove or destroy, or allow the removal or destruction of a significant or heritage tree or area of canopy, located on any property to which this chapter applies, or for any person to knowingly or intentionally perform any regulated activity in a manner that does not conform to the requirements of this chapter. Any act or omission contrary to the requirements or directives of this chapter, or any breach of any duty imposed by this chapter shall constitute a violation hereof. In addition to enforcement by the city arborist, this section shall be enforceable by and pursuant to the authority provided in section 35-491 of this chapter.

(b)

Outside City Limits. Whenever a violation of this chapter is believed to have occurred or to be occurring outside the corporate limits of the city but within the city's ETJ, criminal penalties shall not be sought, however, enforcement against such violations is hereby authorized pursuant to and under the authority granted by V.T.C.A. Local Government Code § 212.001 et seq.

(c)

Work Commencing Before Issuance of a Tree Permit. Any person who commences any work requiring a tree permit before obtaining such permit shall be subject to a fee as established in appendix "C", but not less than two thousand dollars ($2,000.00), for commencing development without a tree permit.

(Ord. No. 97332 § 6) (Ord. No. 2006-11-02-1258, § 2, 11-2-06) (Ord. No. 2006-11-30-1333, § 2, 11-30-06; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)