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ORDINANCE 2012-026 The purpose of the revegetation plan is to establish a native plant community to replace the plant 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 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 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 iadividtW single family lots or- par -eel-,, 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 faet pefmits shall not be issued for- unpefmiaed land elear-ing or tree r-eme aefivities asseeiated with non individeal single family lot or- par -eel land elear-ing. (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 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 (1) 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 Bold Underline: Additions to Ordinance 6 Strike threegh} Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc