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ORDINANCE 2012-026 <br />(d) To, without a required permit, perform any land clearing or grubbing; <br />(e) To, with or without a permit, not properly dispose of tree removal or land clearing <br />debris; <br />(f) To not properly install and maintain tree protection barriers around each tree to be <br />saved, or groups of trees, as described in section 927.05(3). <br />(2) The violation described in section 927.17(1)(c) above shall be deemed to be <br />irreparable and irreversible [see Chapter 162.09, Florida Statutes (F.S.)]. <br />(3) Any person who commits a violation specified in paragraph (1)(a) above shall be <br />subject to a fine of up to two hundred fifty dollars ($250.00) for each day the violation continues to <br />exist beyond a code enforcement board established date of compliance. This fine can be in addition <br />to any other fine and/or penalty specified by the Code of Indian River County. <br />(4) Any person who commits a violation specified in paragraph (1)(b) above, except as <br />pertaining to protected cabbage palms (Sabal palmetto), shall be subject to a fine of one <br />thousand dollars ($1,000.00). Any person, who without a required permit removes, destroys, or <br />kills a protected cabbage palm shall be subiect to a fine of two hundred fifty dollars ($250.00). <br />The removal, destruction, or killing of each protected tree under this chapter shall be considered a <br />separate offense. <br />(5) Any person who commits a violation specified in paragraph (1)(c) above shall be <br />subject to a fine of up to fifteen thousand dollars ($15,000.00). The removal, destruction, or killing <br />of each specimen tree under this chapter shall be considered a separate offense. <br />In determining the fines provided for in this subsection, the code enforcement board shall <br />consider: <br />(a) The gravity of the violation; <br />(b) Any actions taken by the violator to correct the violation; and <br />(c) Any previous violations committed by the violator. <br />(6) Any person who commits a violation specified in paragraph (1)(d) above shall be <br />subject to a fine of not less than one hundred dollars ($100.00) and not greater than fifteen thousand <br />dollars ($15,000.00) per separate offense. The amount of the fine shall be calculated as follows <br />[sections (a), (b), and (c)]: <br />(a) For low quality vegetation removal, a base fee of fifty cents ($0.50) per square foot <br />of area illegally cleared land shall be charged. Low quality vegetation generally <br />consists of plants such as dog fennel, grape vine, goose -foot grass, or non-native <br />vegetation such as Brazilian pepper. <br />Bold Underline: Additions to Ordinance 4 <br />St-v�rike thF@ gh:: Deleted Text from Existing Ordinance <br />C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc <br />