Laserfiche WebLink
IAN 23 1985 BOOK D9 UU 6S'7 <br />Director Keating advised that the developer will be going <br />before the Code Enforcement Board next Monday for confirmation. <br />He felt that in looking at it in retrospect, staff should have <br />taken a harder line and imposed a fine. He believed that the <br />feedback received by staff on the first violation was <br />instrumental in the action taken on the second. Director Keating <br />explained that the second violation occurred when a developer <br />came in to get a limited land clearing permit and had to submit a <br />tree survey. It was specified right on the bottom of the permit <br />that no protected trees were to be removed. The developer, <br />however, proceeded to remove four 24" protected oak trees, and he <br />has agreed to pay the maximum fine of $500 a tree and replace the <br />oaks with trees having 6" diameters. Director Keating advised <br />that the Legal Dept. is presently preparing a formal agreement. <br />Planner Challacombe reported that a third violation is on <br />4th Street and another near the Wabasso Road and U.S. #1 inter- <br />section, where a protected tree was taken down along with a house <br />which was located on commercial property. <br />Director Keating advised that after a party is brought <br />before the Code Enforcement Board and does not comply, he can <br />then be brought before the Board of County Commissioners for a <br />decision of whether or not to take him to court. <br />Attorney Brandenburg explained that the Code Enforcement <br />Board has the ability to fine a violator, but does not have the <br />power to punish a party for something that already has been done, <br />such as clearing land without a permit or ripping out trees. <br />Commissioner Bird felt there should be different levels of <br />punishment if there were extenuating circumstances such as an <br />individual removing a tree from a single-family residential lot <br />which is just a bit larger than one acre. <br />Attorney Brandenburg explained that there aren't that many <br />people in the County who do land clearing, and once these <br />companies learn that they are going to get hit with a maximum <br />fine, they are going to make certain that they have a permit and <br />62 <br />