A. A person owning property abutting the public right-of-way shall be solely liable for, and shall hold the City harmless from and indemnify it against, any and all claims for personal or bodily injury or property damage including costs and attorney fees incurred in the defense of any such claim, arising out of the person’s failure to maintain trees in the right-of-way as required by this ordinance.

B. A violation of any provision of this ordinance shall constitute a Class 1 civil infraction. In addition to and not in lieu of any other remedy available to it for a violation of this ordinance, the City may require the person committing the violation to pay the cost of repairing, restoring or replacing and re-establishing any and all trees damaged as a result of the violation. [BC 5.05.104, added by Ordinance No. 3979, 4/21/97]