Any person violating any of the provisions of this chapter is subject to a financial penalty.

Any person violating any portion of this section is punishable by a fine or fines the amount of which would be determined based on the valuation of trees according to the guidelines set forth within the International Society of Arboriculturalists publication "Guide for Plant Appraisal" (1992, or subsequent edition) up to an amount not to exceed ten thousand ($10,000.00) dollars per tree. The fine(s) shall be based on an appraisal by a qualified arboriculturalist or similarly licensed professional, using the criteria consistent with the above publication. The fee for the appraisal shall be added to the penalty established by the appraisal.

Any person who violates any portion of this section that results in the loss of a protected tree, shall be required to replace said tree with a new twenty-four (24) inch box tree and/or additional plantings, of the same species. The location of replacement tree shall be in the exact location of the tree removed.

These fines may be levied in full or in part as deemed necessary by a court of law.

Fines collected shall be placed in an oak and significant tree preservation and replacement fund to be utilized for the preservation and replacement of oak and significant trees within the City. The Director shall coordinate use of this fund and undertake programs consistent with the purpose and intent of this section.