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Discussion followed re the confusion of the situation, and <br />Commissioner Scurlock stressed that he is trying to reach some <br />equity in the situation, and it appears that two of the trees <br />would have been in the buildable area. <br />Planner Challacombe stated that there were two trees at $500 <br />per tree, plus the land clearing violation, which is a separate <br />$500 fine. <br />Assistant County Attorney Wilson pointed out that $1,500 <br />would be the maximum fine, and the Board can set anything less <br />they wish. <br />Administrator Wright did not feel this is a fine, but simply <br />a request, and the person in violation can take it to court. <br />Attorney Barkett emphasized that the Board can impose the <br />fine, and then if the violator does not want to pay it, he can go <br />to court; this is similar to standard court procedure where the <br />judge imposes a fine. <br />Randy Thornton came before the Board and stated he was still <br />confused because as he understood the ordinance, this only <br />applied if a site plan was required. Mr. Woods wasn't going to <br />build anything; he just wanted the property cleared, which <br />doesn't require a site plan, and they just went in to clear it. <br />Commissioner Scurlock noted that underbrushing a lot doesn't <br />include removing trees, and he did not see why someone would <br />clear a lot if he didn't want to build. <br />Planner Challacombe advised that many owners clear land to <br />make the property more salable and this property was sold to Mr. <br />Ekonomou. <br />Commissioner Bird noted that actually there isn't much <br />property that is exempt and bring created prior to the ordinance <br />does not give an exemption. <br />Director Keating commented that the only exemption would be <br />that trees in right-of-ways can be removed without a permit. <br />Discussion followed about setting the fine at $750, and Com - <br />41 <br />BOOK 62 PAGE 33) �. <br />