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one orchid tree. He advised that he was unaware at that <br />time that the orchid tree was a protected species, and was <br />also unaware that he had to obtain a land clearing permit. <br />Mr. Meola agreed that he was in violation of the tree <br />protection ordinance, but felt the $500 fine was extreme. <br />He noted that there are many trees left on the property such <br />as Washingtonian and Queen palms. <br />Chairman Lyons could not understand why Staski <br />Enterprises did not know a land clearing permit was required <br />and that certain trees are protected according to ordinance. <br />Mr. Staski explained that he felt he had been called in <br />mainly to clean up the property, which included removing old <br />septic tanks and hot water heaters. He admitted that three <br />orange trees were removed, but pointed out that they were <br />not in good condition. <br />Attorney Brandenburg advised that staff is not trying <br />to impose a fine because the trees were removed, but because <br />a permit was not obtained. The County did not have the <br />opportunity to check out that property to see what protected <br />trees were there. He reminded the Board of the decision at <br />the last meeting where they set policy for strict <br />enforcement of these violations, and that is why they are <br />here today. <br />Commissioner Wodtke felt that the Board should consider <br />the severity of the violation since the ordinance calls for <br />a $500 fine or an imprisonment of up to 60 days, or both. <br />Attorney Brandenburg stated that the reason staff asked <br />the Board to decide the County's position on the $500 fine <br />was to get the message across that people must get a permit <br />to clear land. <br />Commissioner Bowman advised that an orchid tree is an <br />exotic tree, not a protected tree, and Director Keating <br />noted that trees have to be of a certain diameter to be <br />protected. <br />21 <br />FEB 42 7 1985 <br />BOOK 60 mr 49.101 <br />