ORD 97-07 VEGETATION MANAGEMENTFebruary 11, 1997
ORDINANCE 97-07
AN ORDINANCE of the City of Bainbridge Island, Washington related
to vegetation management.
WHEREAS, the City of Bainbridge Island is fortunate to be graced with numerous
forest areas which are an integral part of the Island character and which enhance the City's
appearance and livability, as well as providing significant environmental benefits and natural
resource values as identified in the Comprehensive Plan; and
WHEREAS, under the authority of planning and zoning granted to the City under
RCW 76.09.240, the City of Bainbridge Island considers all forested areas within its
jurisdiction as "lands with a likelihood of future conversion" from forest use as defined under
WAC 222-16-060; and
WHEREAS, indiscriminate removal of vegetation may cause loss of wildlife and fish
habitat, increased soil erosion, water and air quality degradation as well loss of aesthetic value;
and
WHEREAS, vegetation management is necessary in order to implement the
Comprehensive Plan, the landscape ordinance, the flexible lot design ordinance and to protect
the health and safefy of citizens; and
WHEREAS, vegetation management planning is necessary prior to removal of
vegetation in order to reduce harmful effects and promote incorporation of existing vegetation
into future land development plans, NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1: Section 16.20.190, Forest Resources, of the Bainbridge Island Municipal Code,
is amended as follows:
D. Standards/Regulations -
1. All timber harvesting shall be done in compliance with the current rules and
regulations adopted under the Forest Practice Act and the Timber, Fish and Wildlife agreement
or their successor.
2. Rcplanting or seeding required undcr forest practice regulations shall bc
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accomplished within 18 months.
$. 2~ When foresttimb~land is to be converted to another use, such conversion shall
be clearly indicated on the forest practice application. Failure to indicate the intent to convert
the forest6mbe~land to another use on the application or to obtain an approved Department of
Natural Rcsources' conversion option harvest plan in accordance with WAC 222.20.050
shallw~11 result in the City placing a moratorium on accepting subsequent development permits
applications or proposals for a period of six (6) years from the date of the forest practices
application approval (RCW 76.09.060(3)Co) (i).
4. 3_. In reviewing and regulating forest practices applications that are Class IV
Conversions, the following standards shall apply within the city:
a. Bainbridge Island Municipal Code and related ordinances, including but not
limited to zoning, subdivision standards, short plat requirements, SEPA, and vegetation
management (Section 16.22);
b. Bainbridge Island (formcrly Winslow) comprehensive plan
development in areas currently used for forest land shall be clustered where possible; inclusion
of such areas in open space should be encouraged whenever possible.
Section 2: A new Chapter 16.22, Vegetation Management is added to the Bainbridge
Island Municipal Code as follows:
16.22
Vegetation Management
16.22.010 Findings and declaration of purpose.
A. Forest areas are an integral part of the Island character and enhance the City's
appearance and livability, as well as providing significant environmental benefits and natural
resource values as identified in the Comprehensive Plan.
B. Under the authority of planning and zoning granted to the City under RCW
76.09.240, the City of Bainbridge Island considers all forested areas within its jurisdiction as
"lands with a likelihood of future conversion" from forest use as defined under WAC 222-16-
060.
C. Indiscriminate removal of vegetation may cause loss of wildlife and fish habitat,
increased soil erosion, water and air quality degradation as well loss of aesthetic value.
D. Vegetation management is necessary in order to implement the Comprehensive
Plan, the landscape ordinance, the flexible lot design ordinance and to protect the health and
safety of citizens.
E. Vegetative management planning is necessary prior to removal of vegetation in
order to reduce harmful effects and promote incorporation of existing vegetation into future
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land development plans.
16.22.020 Definitions
Agricultural land. Farlns and farmland as defined in Section 16.20.020.
Basal Area of Timber. The cross-sectional area of a tree outside bark, measured at
four and one half feet above the average grade.
Codominant trees. Trees whose crowns forin the general level of the crown cover and
receive full light from above, but comparatively little light from the sides.
Contiguous. Land adjoining and touching other property held by the same ownership.
Land in common ownership which is divided by a public road, but otherwise an
integral part of a farming or timber management operation shall be considered
contiguous.
Conversion Option Harvest Plan. A voluntary plan developed by the landowner and
approved by the local government entity indicating the limits of harvest areas, road
locations, and open space and filed with the Department of Natural Resources (DNR),
WAC 222-20-050.
DBH The average diameter of a tree, outside the bark, at a point four and one-half
feet above average grade.
Department. The Department of Planning and Community Development.
DNR The Washington State Department of Natural Resources.
Dominant trees. Trees whose crowns are higher than the general level of the canopy
and which receive light from the sides as well as from above.
Harvest Area. That area on which timber harvesting is conducted including that area
where soil and/or vegetation has been disturbed or damaged during harvesting,
including road construction.
Harvesting. The cutting and/or removal, of trees together with all the work
incidental thereto such as road building, firebreak construction, and fire hazard
abatement, but excluding preparatory work such as tree marking and road flagging.
Haul Route. Any public road within Bainbridge Island which is to be used to deliver
torest products to a point of processing, disposal, or utilization.
Landing. That area where forest products are placed on trucks.
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Leave Trees. Those trees remaining after thinning a stand of trees.
Limbing. Removal of branches and leaving at least 2/3rds of the existing tree branch
structure. Limbing does not include topping of trees.
Merchantable Volume of Timber. The gross volume of trees either in board feet (using
the log length and log rule in common usage for western Washington) or cubic volume
depending on the measure commonly used in commerce.
Open Space Management Plan. See open space, Section 17.04.040 and open space
management plan, Section 17.04.080.G.
Owner. The party or parties having the fee interest in land
Pasture. Land used for grazing by domestic animals.
Removal. The act of removing vegetation by digging up, cutting down or any act
which is likely to cause vegetation to die within a period of five (5) years, including,
but not limited to, damage inflicted to the root system by machinery, storage of
materials, or soil compaction; changing the ground level in the area of the root system;
damage inflicted on vegetation permitting infection or infestation; excessive pruning or
any other action which is deemed harmful to vegetation.
Residual forest land. Any property or portion of any property which is not harvested
as part of an approved conversion harvest plan or selective harvest plan.
Routine landscape maintenance. Lawn mowing, cornposting, gardening, tree limbing
and ground cover management which does not include tree removal and is undertaken
by person in connection with the normal maintenance and repair of property.
Scenic Corridor. A band of land on either side of a scenic road or trail and
wildlife/view corridors designated by the Comprehensive Plan of Bainbridge Island or
Bainbridge Island Municipal Code.
Silvicultural prescription. A written plan that describes which trees will be removed
and what methods will be used to determine tile appropriate trees to be removed.
Slash. Non-merchantable logs, branches, limbs or stems of any species left in the
liarvest area as a result of current timber Ilarvesting.
Thinning. The removal of trees less than 18 inches DBH where removal will improve
the growth of remaining trees or utilize diseased trees that h-fight otherwise die. Timber
removed from a harvest area meeting all of the following conditions:
1) The total volume removed is less than fifty percent of the total
merchantable volume of the harvest area prior to harvest.
2) Not more than forty percent of the total volume removed is from the
dominant and codominant trees.
3) The trees removed shall be distributed over the entire harvest area.
Timber. Trees of any species which are of sufficient size and quality to be capable of
fitrnishing raw material used in the manufacture of forest products.
Timber Cruise Report. A report of the timber volume that includes the method used to
obtain the volumes and statistical analysis of the accuracy of the estimation.
Topping. Cutting the top main trunk of a tree.
Tree. Any woody plant characterized by one main stem or trunk.
Undeveloped property. Property which is not improved with a substantial building or
substantial structure used for a principally permitted use or an approved conditional
use.
Vegetation. Plant matter, including trees, shrubs and ground cover.
16.22.030 Applicability
A. Permit Required. Unless exempted in Section 16.22.040, a Vegetation
Management Permit is required for harvesting of trees and/or removal of vegetation in the
following areas:
1. Undeveloped properties or developed properties which can be further
subdivided, including those properties under 2 acres in size which are exempt
under a Class I torest practice permit;
2. Sensitive areas and required buffers as defined in Chapter 16.20;
3. Designated open space areas;
4. Designated scenic or wildlife corridor areas; or
5. As part of a Class IV general torest practice permit, as regulated under
RCW 76.09.050.
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Optional permit. A property owner intending to harvest under a Class I (not
exempt in 16.22.040 E), II or IIl DNR forest practice permit may avoid the 6
year development moratorium if the property owner submits to the City and
DNR a Conversion Option Harvest Plan which meets the standards of
16.22.060 and is approved by the City prior to the application for a DNR forest
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practice permit.
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Development Moratorium
A 6 year development moratorium shall be placed on all properties harvested
under Class I (not exempt in 16.22.040 E), II and III DNR forest practices
permits in accordance with Section 16.20. 190 D 2. To avoid the moratorium, a
property owner can 1.) apply /'or a Class IV General forest practices permit
and meet the standard of Section 16.22.060 or 2.) obtain an approved DNR
Conversion Option Harvest Plan.
16.22.040 Exemptions
A Vegetation Management Permit is not required for the following:
A. Class II and III forest practices regulated by the Department of Natural Resources
under RCW 76.09.050, provided that the City of Bainbridge Island shall not accept and/or
issue any land use or building permit for 6 years from the date of application approval of a
Class II or Class 1II forest practice pertnit;
B. Class I forest practices as defined under WAC 222-16-050(3), except that WAC
222-16-050(3)(r)(iii), "Any forest practices involving a single landowner where contiguous
ownership is less than two acres in size" is not exempt;
C. Culture and harvest of Christmas trees and seedlings;
D. Construction of less than 600 feet of road on a sideslope of 40 percent or less if the
limits of construction are not within the shoreline area or designated environmentally sensitive
area;
E. Cutting and/or removal of less than 5,000 board feet of timber (including live, dead
and down material) for personal use (i.e, firewood, fence post, etc.) in any 12-month period;
F. Removal of trees and vegetation for public safety, maintenance of public right-of-
way and maintenance of recorded utility corridors or easements if approved by the Public
Works Director and not regulated by other city regulations;
G. Removal of trees and vegetation obstructing private access routes or easements as a
result of storms or other major natural events;
H. Removal of dead trees and vegetation in the residual forest area for safety purposes
if a report by a qualified arborist or consulting forester (approved by the City) indicates that
such an action is necessary and no feasible alternative to removal exists. Whenever possible
felled trees shall remain in order to provide downed material for plants and wildlife; o~
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I. Routine landscape maintenance which does not include {ree removal=; or
J. Harvest trees, such as hybrid poplars, cultivated by agricultural methods in growing cycles
of less than ten years.
16.22.050 Vegetation Management Perlnit
A. Application required.
The owner of any property specified in Section 16.22.030 that is being converted to a non-
forest use or property for which the owner intends to avoid a six year development
moratorium, shall submit a Vegetatior! Management Permit application for review and
approval by the Department of Planning and Community Development prior to removal of any
vegetation. The application shall be prepared by a constilting forester approved by the City
and may be filed jointly with the Washington State Department of Natural Resources (if
required by state law) and the City.
B. Application procedure.
The city shall process Vegetation Management Permit applications in accordance with Chapter
2.16 and the following procedures:
1. A preapplication conference is not required, however, the applicant may
submit for a preapplication conference in accordance with the procedures set forth in
Section 2.16.035.
2. The applicant shall submit a complete application as specified in Section
16.22.070, Submittal Requirements. A State Environmental Policy Act (SEPA)
environmental checklist is required for all Vegetation Management Permits, in
accordance with Chapter 16.04. Upon receipt of a complete application, the Director
shall provide notice to the applicant and public in accordance with Section 2.16.085
and commence the application review process. A Notice of Application with public
comment period and a Notice of Decision shall be required in accordance with Sections
2.16.085 C and E for all Vegetation Management Permit applications.
3. Administrative review. All Vegetative Management Perlnits shall follow the
review procedures set forth in Section 2.16.095.
4. An application review, exempt from Section 16.22.050 1 -3 above, shall be
allowed for removal of diseased or dying trees and vegetation, provided that a report by
a qualified arborist or consulting forester (approved by the City) indicates that such an
action is necessary and no feasible alternative to removal exists, and provided that the
decision criteria of Section 16.22.050 (2) through (5) can be satisfied.
C. Decision criteria
A Vegetation Management Permit may be approved or approved with conditions by the
Director if the plan can meet the following:
1. Harvesting meets the vegetation management standards of Section
16.22.060;
2. Erosion control measures are included as part of the plan;
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3. All applicable open space and corridor standardi are met;
4. Mitigation measures are proposed which reduce adverse impacts on
surrounding property; and
.5. All other provisions of this code are met.
16.22.060 Vegetation Management Standards
Any property which is converting or likely to convert to a non-forest
Conversion Harvest Plan or a Selective Harvest Plan as follows.
use shall provide either a
A. Conversion Harvest Plan
The owner of any property which is being converted
to a non-forest use shall provide a
Conversion harvest plan which meets the standards below:
1. Land clearing is permitted at the following percentages of the area existing in
order to prepare for future non-agricultural development.
Percentage of area that may be cut.
Zoning District Percent of area
R-0.4 20 %
R-I 40%
R-2, 2.9.
3.5 and 4.3 60%
2. If the property is being converted to agriculture or pasture use, the property
owner shall submit a farm plan approved by the Kitsap Conservation District, or the USDA
Natural Resource Conservation Service (NRCS) or which is developed by the owner or a
consultant using USDA standards for water quality protection. If the land has not been used
for agriculture or pasture within the last five years, then a non-farmed buffer of 25 feet shall
be left between the edge of the property and adjoining non-agricultural parcels. As a condition
of the Vegetation Management Permit, the approved farm plan shall be implemented within
one year after the completion of the Conversion Harvest.
3. Uncut rResidual forest areas shall be in windfirm condition, clustered to the
extent feasible and contiguous to other existing stands. Buffering of adjacent,
developed properties shall be given high priority.
4. Unless otherwise allowed through an approved open space management
plan, no cutting is allowed within any of the following areas:
a. Sensitive areas or required buffers, as defined in Section 16.20;
b. Previously established no-cut buffer areas;
c. Greenways, scenic road corridors, view corridors or wildlife
corridors designated by the Comprehensive Plan of Bainbridge Island or
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Bainbridge Municipal Code; and
d. Any required perimeter landscape buffer'which will be required upon
development of tile site in accordance with Chapter 18.85.
5. Remaining forested areas which are not addressed in Section 16.22.060.A 1-
4, above, may be harvested under a Ilarvest plan approved by the City that meets the standards
for tree retention specified in 16.22.060 B.
6. A Class IV- General Forest Practice Permit issued by DNR is required.
B. Selective Harvest Plan A property owner intending to harvest t, nder.a Class I (not
exempt in 16.22.040 E), II or III, on property that has a potential to convert to a non-forest
use shall provide a Selective Harvest Plan which meets the standards below.
l. Up to 50% of the existing merchantable volume or 50% of the basal area of
timber may be cut. The harvest shall be well distributed over the entire harvcsted area.
A timber cruise report and silvicultural prescription demonstrating how the required
volume retention goals will be met may be required.
2. Thinning of stands less than 18 inches DBH is permissible as long as the
leave trees number more than 40% of the dominant and codominant trees which are
disease free and undamaged. Residual torest areas shall bc in windfirm condition,
clustered to the extent feasible and contiguous to other existing stands.
3. In no event shall the total timber stand removal of the property exceed 50%
of the merchantable volume or basal area of timber.
4. The harvested trees shoulcl be well distributed over tile entire harvest area.
Residual forest areas shall be in windfirm condition, clustered to the extent
feasible and contiguous to existing stands. Buffering of adjacent, developed
properties shall be given high priority.
54. Unless otherwise allowed through an approved open space management
plan, no cutting is allowed within any of the following areas:
a. Sensitive areas or required buffers, as defined in Section 16.20;
b. Any previously established non-cut buffer areas;
c. Designated Greenways, scenic road corridors, view corridors or
wildlite corridors unless tile Director determines that the proposed
harvest will not at'feet tile ftmction of the corridor or greenway; and
d. Any perimeter buffer established in accordance with Chapter 18.85.
DNR Class I1 or III Forest Practice Permit is required if mandated by
state law.
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C. A property owner intending to harvest under a Class 'I (not exempt in 16.22.040
E), II or III, on property that has a potential to convert to a non-forest use, may avoid the six
year development moratorium if the harvest plan meets the standards of 16.220.60 A or B,
the property owner submits a DNR Conversion Option Harvest Plan to the City of Bainbridge
Island, and the following standards are met:
1. A property owner providing a DNR Conversion Option Harvest Plan shall
record the City approved plan with the Kitsap County Auditor and
provide the City with a copy of the recorded document and the Auditor's
recording number prior to commencement of the timber harvest.
2. Another DNR Conversion Option Harvest Plan shall not be approved within
six years from the approval date of a previous plan.
3. Failure to meet the requirements of the DNR Conversion Option Harvest
Plan shall result in the placing of a six year development moratorium on the
property.
16.22.070 Submittal Requirements.
A Vegetation Management Permit application and fee, as established by City Council
resolution, shall be filed with the Department of Planning and Community Development on
forms provided by the City, which shall contain the following:
A. Name, address and telephone number of the property owner and forestry consultant
if any.
B. Kitsap County tax account number and parcel number for the properties involved.
C. The proposed dates the vegetation removal will take place.
D. The approximate acreage of the harvest area, and the approximate acreage of
existing forested areas with trees 20 feet or greater in height.
E. The desired haul route.
F. A copy of any DNR application, if required.
G. A statement as to how the trees will be designated for removal or retention.
H. A statement explaining how property lines will be marked.
I. A statenlent as to whether timber harvesting has occurred on any portion of the
proposed liarvest area in the past six years.
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J. A site assessment plan/harvest plan drawn to engineerin'g scale showing the entire
property. The harvest plan shall meet the standards of 16.22.060 and The site assessment plan
must show the following:
1. All boundaries;
2. Existing stands of trees, specifying predominant species, species mix and
age class;
3. Location of sensitive areas and buffers as designated under Chapter 16.20,
designated open space, and designated scenic and/or wildlife corridors;
4. Proposed areas to remain in forest;
5. Proposed areas to be cleared of vegetation;
6. Proposed areas to be thinned of trees;
'7. All existing and proposed access roads;
8. Proposed log landing areas;
9. Any structures on the property;
10. Topography, at 20 foot intervals. An U.S.G.S. Map is acceptable;
11. All adjacent residences within I 1/2 times the height of the trees to be
felled; and
12. Name, address and phone number of the timber harvest operator.
K. Conversion Ilarvcst Plan, Selective Harvest Plan or Conversion Option Ilarvcst
KL~. An erosion control plan.
LM. Open space management plan, if applicable.
MN. Greenways, scenic road, view or wildlife corridor plans, if applicable.
NO. SEPA Environmental Checklist, if applicable.
16.22.080 Moratorium Relief
Under special circumstances the City may grant relief from a development moratorium if the
property owner can meet the following criteria:
A. All of the following subsection requirements can be met:
1. The harvesting does not prevent the property from meeting the
standards of Section 16.22.060 A 1-5; and
2. Existing Environmental Sensitive Areas subject to regulation under Section
16.20 have not been disturbed as part of the timber harvest; and
3. Forested areas located within a designated wildlife corridor have not
been significantly degraded as part of the timber harvest; or
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B. A project involving affordable housing at a moderate i'ncome level or less, in
accordance with Chapter 18.90, or a public facility is proposed for development on the
property; provided that a restoration plan is submitted and approved by the Planning
Department as part of the project. The restoration plan shall provide an analysis of how the
restoration will restore or mitigate the natural resource functions of the property to a condition
that would have been provided if the property had been harvested under the standards of
16.22.060 (A). The functions that shall be restored include, but are not limited to, hydrology,
wildlife habitat, and visual screening.
16.22.090 Permit Revocation and Penalties
A. A Vegetation Management Pertnit may be revoked by the Director upon the finding
of any one or more of the following:
1. That the approval was obtained by deception, fraud or other intentional or
misleading representation; or
2. That the permit granted is being exercised contrary to the terms or
conditions of such approval; or
3. That the permit for which the approval was granted was so exercised as to
be detrimental to the public health or safety.
B. If the owner violates the requirements of an approved harvest plan, the City shall
place a 6 year development moratorium on the subject property.
C. Any property owner or individual cutting vegetation or timber in violation of this
chapter shall replant the property. The property on which the violation occurs shall be subject
to a moratorium on the City's acceptance of a development permit of any kind relating to the
property for a period of six years from the last date of the violation.
D. In addition to the penalties set forth above, this chapter shall be enforced, find
penalties for violations of this chapter shall be imposed, pursuant to chapter 1.26 of this code;
provided, that under Bainbridge Island Municipal Code Section 1.26.090, an additional civil
penalty shall be imposed on any property owner or individual cutting vegetation or timber in
violation of Chapter 16.22 in tile amount of $20,000 for each acre of forest cut.
16.22.090 Appeals
Any decision by the Director on a Vegetation Management Permit may be appealed to
the Hearing Examiner in accordance with the provisions of Section 2.16. 130.
Section 3: A new Table 16.22.100 is added to the Bainbridge Island Municipal Code as
follows:
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FLOWCIIART FOR TIMBER lIARVESTS
Landowner applies for Class II or III Forest
Practice Permit from DNR
DNR timelines Class II - Five days
Class III 14 or 30 days
DNR sends approved permits to City I
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City sends letter to landowner that forest
practice will result in 6 year development
Moratorium
Yes
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Six Year Development Moratorium
Notice filed with KC Auditor
Moratorium relief requires meeting
requirements of Section 16.22.080 and
approval of the City Council
Landowner has development proposal.
City issues vegetation management permit.
Landowner meets vegetation management
requirements. SEPA determination is made:
· vegetation is removed to alloxv
development
· selective harvest of rest of
property is allowed
Six 3'car development Moratorium is placed on
property
Landowner Contacts Gity about removal of
Vegetation for development or timber
harvesting.
NO--
Landowner applies to City for Vegetation
Management Permit
SEPA Checklist is required
Class 1V General Class II or III w/COHP
Landowner develops Conversion Option Harvest
Plan that meets City vegetation management
reqtiirements.
City approves COHP and issues Vegetation
[Management Permit SEPA determination is made
ILandowner files plan xvith KC Auditor
Landowner applies for DNR Class II or III Permit
Landowner harvest timber and City inspects to
see if in compliance with approved Vegetation
Permit
No Yes
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No limitations ou additional approvals for [
Section 4: Section 1.26.010 of the Bainbridge Island Municipal ~ode is amended to read as
follows:
The provisions of this chapter shall apply to enlbrcement of Title 18 and Chapters 16.20,
16.22, and 15.04 of this code, with the exception of Sections 15.04.090 and 15.04.110 and the
Uniform Fire Code adopted by reference in Section 15.04.020. For purposes of this chapter,
such titles and chapters shall be referred to as "the applicable chapters and titles of this code."
Section 5: Paragraph A of Section 1.26.065 of the Bainbridge Island Municipal Code is
amended to read as follows:
A. The notice of violation shall state separately eacln standard or requirement violated, shall
state what corrective action, if any, is necessary to comply with the standards or requirement,
and shall set a reasonable time for compliance. The notice shall state that any subsequent
violations may resttit in criminal prosecution as provided in Section 1.26.100. In the event of
violations of the standards or requirements of Clmpter 16.20 or 16.22, the required corrective
action shall include, if appropriate, but slmll not be limited to, mitigating measures such as
restoration of the area and replacement of damaged or destroyed trees.
Section 6: This ordinance shall take effect and be in force five days from and after its
passage, approval, publication and posting as required by law.
PASSED by the City Council this 20th day of February
,1996.
APPROVED by the Mayor tinis 20tttlVay of February
,1996.
Janet K. West, Mayor
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
VEGMNI I.DOC
December 27, 1996
February 20, 1997
February 26, 1997
February 26, 1997
March 3, 1997
97-07
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