1.88.100 Procedure for enforcement – Penalties – Enforcement Personnel.
Upon determination by the municipal arborist that a violation of Section 1.88.050, 1.88.060, 1.88.070, 1.88.080, or 1.88.090 has occurred, the procedure shall be enforced as follows:
(1) Warning. An enforcement officer may issue a written warning notifying the responsible person that probable cause exists that a violation has occurred and warn that if subsequent violations of 1.88.050, 1.88.060, 1.88.070, 1.88.080, or 1.88.090 occur, a notice of violation will be issued to a person responsible for the violation.
(2) Notice of violation. If a violation of Sections 1.88.050, 1.88.060, 1.88.070, 1.88.080, or 1.88.090 has occurred, and the enforcement officer has probable cause to believe a violation has occurred, the enforcement officer may, without the need for a warning, issue a notice of violation to the person responsible for the violation.
(a) A person receiving a notice of violation shall have ten (10) calendar days to appeal the notice of violation to the city’s hearing officer by filing the appeal with the Director of Public Services.
(b) If the person to whom a notice of violation is issued fails to appeal, then a notice of infraction shall be issued.
(c) The hearing shall be informal. At the conclusion of the hearing, the Director, or designee, shall provide a written decision and the reasons therefore. The decision of the Director, or designee, may cancel the violation, mitigate the violation, or issue a Notice of Infraction.
(3) Notice of infraction.
(a) For a first infraction of a provision of this Chapter as set forth in subsection (2), the infraction shall be a Class 3 civil infraction as classified in Section 1.02.020 Pullman City Code for the purpose of determining the amount of a penalty forfeiture.
(b) For a second infraction of the same provision of this Chapter as set forth in subsection (2) be a Class 2.5 civil infraction as classified in Section 1.02.020 Pullman City Code for the purpose of determining the amount of a penalty forfeiture.
(c) Third and subsequent infractions of the same provision of this Chapter as set forth in subsection (2) shall be a Class 2 civil infraction as classified in Section 1.02.020 Pullman City Code for the purpose of determining the amount of each penalty forfeiture.
(4) Enforcement Personnel. Enforcement of the penalty provisions of this section may be by any police officer or an enforcement officer. (Ord. 97-36 §10, 1997).