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FEB 2.7 1985 BOOK 60 mn 20 <br />DESCRIPTION & CONDITIONS: <br />On January 21, 1985, County staff observed that a .93 acre site <br />located at 5275 85th Street (CR510) had been cleared prior to the <br />issuance of a land clearing permit. The parcel is currently <br />owned by Mr. Gary Meola, and is zoned C-2, Heavy Commercial <br />District. At this time, a formal application to the County for <br />development of the property has not been submitted. Upon <br />inspection of the subject property, staff contacted both Mr. <br />Meola and the landclearing company, Staski Enterprises, and <br />advised them to cease all further land clearing activities on the <br />site. <br />ALTERNATIVES & ANALYSIS: <br />Section 23)2--6(b), Tree Protection, of the Code of Laws and <br />Ordinances of Indian River County, Florida prohibits the <br />performance of any land clearing or grubbing unless a <br />land clearing permit has first been issued by the County. The <br />ordinance further specifies that a violation of this provision <br />shall be punishable upon conviction by a fine not to exceed <br />five hundred dollars ($500) or by imprisonment in the County <br />jail for up to sixty (60) days, or both. <br />On January 31, 1985, staff requested that Mr. Meola submit a <br />voluntary payment of the $500.00 fine and obtain an - <br />"after -the -fact" permit in order to continue the work. As of <br />February 13, 1985, a positive response to this request has not <br />been received from Mr. Meola. <br />STAFF RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners grant <br />staff the authorization to pursue available remedies in County <br />court. <br />Art Challacombe, Chief of Environmental Planning, <br />presented staff's recommendation that staff be granted the <br />authorization to pursue available remedies in County Court. <br />He explained that Gary Meola had cleared the area without <br />obtaining a land clearing permit and was issued a $500 fine. <br />Mr. Meola felt the fine was rather high and requested the <br />opportunity to discuss this before the Board. <br />Mr. Meola explained that the subject property was in <br />high grass and through the years people have backed up their <br />vehicles there and dumped loads of all sorts; therefore, he <br />asked Staski Enterprises, a land clearing company, to clear <br />the land. The clearing consisted of cutting down the high <br />grass and the removal of the junk, three orange trees and <br />20 <br />