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ORDINANCE 2004-041 community destroyed by the illegal activity. For the lost of mature native plant communities, only the largest plants that can reasonably be expected to survive (and can be procured) will be authorized for revegetation. (7) Any person who commits a violation specified in paragraph (1)(e) above shall be subject to a fine of two hundred and fifty dollars ($250.00) per day starting on the 61st day after commencement of the tree removal or land clearing. If the date of the commencement of activities cannot be determined, the fine shall start ten (10) days after the landowner and/or agent for the landowner is notified in writing that the debris must be removed. If an extension has been granted, the fine shall commence on the day after the end of the extension. (8) Any person who commits a violation specified in paragraph (1)(f) above shall be subject to a fine of two hundred and fifty dollars ($250.00) per day for each saved tree that does not have properly installed and maintained protective barriers installed. The fine shall commence on the date that any development activity begins on the property associated with the project and the protective barriers are either improperly installed or not installed at all. In the event that the date the development activity cannot be established, the fine shall commence on the date that Indian River County staff has verified that development activity has begun and that the protective barriers are either improperly installed or not installed at all. (9) Permits required by this chapter may be obtained after -the -fact by owners of individual single-family lots or parcels for find e e,fing ara protected or specimen tree removal activities on individual single-family lots or parcels, upon determination by the environmental planner that such activities were performed in accordance with permit issuance criteria specified in section 927.07. The issuance of an after -the -fact permit abates the penalties described in this section for those actions or activities authorized by the after -the -fact permit. The fee for an after -the -fact permit shall be three (3) times the amount of the normal administrative fee as provided for in section 927.11(1)(f). After -the fact permits shall not be issued for unpermitted land clearing or tree removal activities associated with non -individual single-family lot or parcel land clearing. (10) With respect to any violation of this chapter, the owner of the property on which the violation occurred is presumed to have undertaken, caused to be taken, or authorized the illegal activity. The owner may present evidence proving that the presumption is incorrect in their case. (11) A violation of any provision of this chapter shall be punishable upon conviction by a fine not toa less than five hundred dollars ($500.00), or by imprisonment in the county jail up to sixty (60) days, or both such fine and imprisonment: One or all of the penalties listed above shall apply to property owners and contractors found in violation of this chapter. The destruction or alteration of each tree or plant under this chapter shall be considered a separate offense. The destruction of an historic or a specimen tree or any dune vegetation, contrary to this chapter shall receive the maximum penalty provided by law. (12) The county or any aggrieved party having a substantial interest in the protection provided by this chapter may apply directly to a court of competent jurisdiction for mandatory or prohibitive injunctive relief. In any enforcement proceeding, the adjudicating body may consider mitigating measures voluntarily undertaken by the alleged violator such as replacement or relocation of trees or vegetation, or other landscaping improvements, in fashioning its remedy. Such body may also require such restorative measures. -17- Underline depicts addition of text; strike through depicts deletion of text. F':AConnmirity C:>evelopmeuI!a<-s\I2{)LAv[)4DR 92? I: 11 {)rd ,ui.mn;; 2(,X)_ 2i)plJ"g-cc Ord 2U0- 041, inc