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1983-41
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1983-41
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Last modified
3/20/2019 10:47:06 AM
Creation date
10/5/2015 9:48:09 AM
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Ordinances
Ordinance Number
1983-41
Adopted Date
11/16/1983
Ordinance Type
Trees Mangroves and Dunes
State Filed Date
11\21\1983
Subject
Trees Mangroves and Dune Vegetation
Supplemental fields
SmeadsoftID
13020
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Circumstance peculiar to the land involver] For the purpose of <br />application for a variance from the literal requirements of a land <br />development ordinance pertaining to building setbacks, parking <br />space requirements, or minor or residential street right-of-way <br />widths, provided adjustments are made elsewhere on the site to <br />preserve the maximum permitted lot coverage and the total minimum <br />number of parking spaces, and provided safety precautions are <br />taken to offset any hazard resulting from decreased right-of-way <br />Widths. <br />PENALTIES AND ENFORCEMENT -- CODE ENFORCEMENT BOARD <br />JURISDICTION <br />A violation of any provision of this ordinance shall be <br />punishable upon conviction by a fine not to exceed FIVE HUNDRED <br />DOLLARS ($500.00), or by imprisonment in the County jail up to <br />sixty (60) days, or both such fine and imprisonment. The destruc- <br />tion or alteration of each tree or plant under this ordinance <br />shall be considered a separate offense. The destruction of an <br />historic or specimen tree, mangrove, or any dune vegetation, <br />contrary to this ordinance shall receive the maximum penalty pro- <br />vided by law. Any violation of this ordinance is also subject to <br />prosecution before the Indian River County Code Enforcement Board <br />in accordance with applicable law and subject to penalties allow- <br />able under the Code Enforcement Board Ordinance. In addition to <br />either of the foregoing remedies, the County or any aggrieved <br />party having a substantial interest in the protections provided by <br />this ordinance may apply directly to a court of competent juris- <br />diction for mandatory or prohibitive injunctive relief. In any <br />enforcement proceeding, the adjudicating body may consider miti- <br />gating measures voluntarily undertaken by the alleged violator <br />such as replacement or relocation of trees or vegetation, or other <br />landscaping improvements, in fashioning its remedy. Such body may <br />also require such restorative measures. <br />SECTION 17 <br />REPEAL OF CONFLICTING PROVISIONS <br />All previous ordinances, resolutions, or motions of the <br />-18- <br />
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