§ 282-8. Penalty., Chapter 282. Woodland and Tree Preservation, Code of Ordinances, Grosse Ile

Penalties for violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-3. The provisions of Chapter 1, Article II, Municipal Civil Infractions, also apply to violations of this chapter.

Any activity conducted in violation of this chapter is declared to be a nuisance per se, and the Township may commence a civil suit in any court of competent jurisdiction for an order abating or enjoining the violation.

If operations are conducted that are contrary to the use permit required by this chapter or other applicable laws or ordinances, the Township police or Department of Community Development shall issue an order to the permit grantee to stop work. If a permit has not been issued, then the Township shall notify the person of the violation of the permit, this chapter or other applicable laws or ordinances. A person shall not continue, nor cause or allow to be continued, activity in violation of such an order, except with permission of the enforcing agency to abate a dangerous condition or remove the violation, or except by court order. If an order to stop is not obeyed, the enforcing agency may apply to the Circuit Court for the county in which the premises are located for an order enjoining the violation of the order, or may take other measures as determined necessary by the Township. A person shall also be required to replace trees removed without authorization by trees equal in dbh to the total dbh of all removed trees. This remedy is in addition to, and not in limitation of, any other remedy provided by law or ordinance, and does not prevent criminal prosecution for failure to obey the law.

Trees that are protected during construction, relocated or replaced will be monitored by the Township for a period of no less than two years. Trees which have not remained healthy as a result of activities associated with approved operations, or trees that have died or been subsequently removed, will be required to be replaced within 30 days of notice from the Township, or at a seasonable time to be determined by the Township. The person would also have the option to contribute to the Environmental Resources Trust Fund in lieu of replacing the affected tree(s).

Any person violating the provision of this chapter shall become liable to the Township for any expense or loss or damage occasioned by the Township by reason of such violation.