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A. Any person, firm, corporation, or association or any agent thereof who violates any provision of this chapter shall be subject to the enforcement provisions of Chapter 1.20 EMC and this title.

B. Restoration of Impacts Required. Any unauthorized impacts on a critical area feature or buffer will require restoration of the affected area to an equivalent or improved condition prior to the violation occurring. A restoration plan must be consistent with the requirements of this chapter and a public works permit may be required by the city. If an equivalent or improved condition cannot be provided, the violator shall be subject to a fine in an amount equal to the value of the damage to the portion of the critical area that cannot be restored, determined using best available methods of calculating the value of vegetation, land and water resources, including but not limited to the evaluation methods of the International Society of Arboriculture. In addition to the authority of the city’s code enforcement officer to impose penalties pursuant to Chapter 1.20 EMC, the code enforcement officer may impose the fine described in this section as applicable.

C. Restoration plans shall include, but not be limited to, the replacement of all improperly removed vegetation with approved species such that the biological and habitat values will be replaced to an equivalent or improved condition, improper fill removed and slope stabilized. Studies by a qualified expert shall be submitted to determine the conditions which were likely to exist on the lot prior to the illegal alteration.

D. Restoration shall also include installation and maintenance of interim and emergency erosion control measures until such time as the restored ground cover and vegetation reach sufficient maturation to function in compliance with the performance standards adopted by the city.

E. The city shall stop work on any existing permits and halt the issuance of any or all future permits or approvals for any activity which violates the provisions of this chapter until the property is fully restored in compliance with this chapter and all penalties are paid.

F. Notwithstanding the other provisions provided in this chapter, anything done contrary to the provisions of this chapter or the failure to comply with the provisions of this chapter is declared to be a public nuisance. (Ord. 3901-22 § 2 (Exh. B § 46), 2022; Ord. 3676-19 § 28, 2019; Ord. 2909-06 § 26, 2006.)