A. Any person who unlawfully removes, destroys or damages a heritage tree shall pay a penalty equal to twice the amount of the appraised value of the tree. A City Arborist shall estimate the appraised value of the removed, destroyed, or damaged tree(s) prior to the damage, destruction or removal in accordance with industry standards, including but not limited to the most recent edition of the “Guide for Plant Appraisal” published by the Council of Tree and Landscape Appraisers. The penalty shall include the City’s costs incurred in performing the appraisal.

B. Any person violating any portion of this chapter that results in the loss of a heritage tree shall be required to replace said tree with a new tree and/or additional plantings of the same species. The City Manager shall determine the size and location of replacement tree(s). The City Manager may refer to the recommendation of a City Arborist.

C. A violation of this chapter is a public nuisance subject to abatement under Larkspur Municipal Code Section 9.24.030, and a misdemeanor punishable pursuant to Larkspur Municipal Code Section 10.76.010. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of a violation of this chapter. In any civil action brought pursuant to this chapter in which the City prevails, the Court shall award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title or any other law or ordinance. (Ord. 1069 § 11, 2023; Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 833 § 1 (part), 1992; Ord. 780 § 1 (part), 1989; Ord. 772 § 2 (part), 1988. Formerly 12.16.090)