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<br />7A <br />Page 16 <br /> <br />b. Tree violation fines are $500 Administrative Citation plus the replacement <br />cost of the tree. An ordinance violation could also be prosecuted as a <br />misdemeanor. The penalty for a misdemeanor is up to a $1.000 fine and 6 <br />months in jail. A prosecutor or Judge must be. willing . to pursue a <br />misdemeanor charge. <br /> <br />FindinQs: <br /> <br />a. City staff cannot write citations. City Staff calls code enforcement to write <br />citations. However, due to budget cuts code enforcement (building <br />inspectors) stopped issuing tree citations as of July 1, 2004. Citations are <br />the means by which fines are assessed. Tree replacement is the only <br />encumbrance for tree removal. <br /> <br />b. Penalties in surrounding cities are generally higher than in Redwood City: <br /> <br />City Fine Civil Penalties Tree replacement <br /> (requires court action' <br />San Mateo $5.000 per participant per tree None Replace with 48" box <br /> size tree unless value of <br /> removed tree was <br /> Oleater <br />Atherton Unspedlied fee determined by city Up to $5,000 or replace None <br /> council resolution value whichever is <br /> hiaher. <br />Palo Alto None Up to $5.000 or None <br /> replacement cost <br /> whichever is higher plus <br /> reimbursement for city's <br /> costs for pursuing the I <br /> violation <br />Menlo Park Up to $5.000 per violation or the None None <br /> replacement value of the tree <br /> whichever is hiaher. <br />Woodside $1.000 first tree None Replace with at least a I <br />(proposed $2.000 second tree 15-galloo size or olher I <br />ordinance) $3.000 for each additionallree specified by Planning I <br /> Director. I <br />Redwood $500 per tree $1,000 fine and 6 Replacement cost of -I <br />City monlhs in jaH equaling the appraised I <br /> value of the orioinallree <br />Belmont None $1,000 andlor Replace with a tree of <br /> imprisoned for 6 months equal value to the <br /> removed tree <br /> <br />c. There is no sliding scale for the severity of the offense, repeat offenders or <br />the egregiousness of the offense, premeditation etc. <br /> <br />d. There is no follow up process or requirement for continued maintenance of <br />trees that were planted as conditions of a permit process. <br /> <br />R~formatted 11/29/2006 <br /> <br />Page 12 of 25 <br />