§ 10-35. Special penalty procedures.

(a)

Violation of any of the provisions of this article may be prosecuted as described in chapter 2, article III of this Code, as amended from time to time.

(b)

Commercial projects, subdivisions, and residential lots. Illegal removal or damage of protected tree: if a regulated tree, specimen tree, or majestic tree is illegally removed or damaged, the violator shall either:

(1)

Replace with at least five-inch caliper trees of a similar species on a per inch basis equal to twice the total DBH removed/damaged; or

(2)

If the site cannot readily accommodate all of the required replacement trees as calculated in subsection (b)(1) above, the violator shall replant with at least five-inch caliper trees to obtain a density of at least fifteen (15) trees per acre on the site. The planted market value of the number of trees not able to be accommodated on the site shall be paid to the Hernando County Landscape Enhancement Program.

Each tree that is removed or damaged in violation of the terms of this article shall be considered a separate offense.

(Ord. No. 2008-02, § 20, 1-15-08)