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� s � <br />TO: The Honorable Members DATE: September 19, 1985FILE: <br />of the Board of County <br />Commissioners <br />DIVISION'HEAD CONCURRENCE: TREE REMOVAL/LAND CLEARING <br />SUBJECT: VIOLATION: MR. HARRY Y. <br />RIGHTON & MR. MICHAEL <br />JAHOLKOWSKI <br />Robert M. Ke& t ng, ICP LC -9-85-38 <br />Planning & Development Director <br />FROM: mt REFERENCES: <br />Oland M. DeBlois H. Righton <br />Staff Planner DIS:ROLAND <br />It is requested that the data presented herein be given formal <br />consideration by the Board of County Commissioners at their <br />regular meeting on October 2, 1985. _ <br />DESCRIPTION & CONDITIONS: <br />On August 27, 1985, County personnel observed that parcel <br />number 24-33-39-00011-0002_00003.0, having a legal description <br />of: Lot 3, Block B, Oslo Park, according to the plat recorded <br />in Plat Book 3, Page 96 of the Public Records of Indian River <br />County, Florida, had been cleared and four protected trees (two <br />Live Oak trees and two South Florida Slash Pine trees) had been <br />removed prior to the issuance of tree removal and landclearing <br />permits. <br />The property is currently owned by Mr. Harry Y. Righton and was <br />cleared by "Mike's Garage," a business owned by Mr. Michael <br />Jaholkowski (represented by Foreman Joseph Bray). <br />ALTERNATIVES & ANALYSIS: <br />Section 23}-6(a) & (b), Tree. Protection, of the Code of Laws <br />and Ordinances of Indian River County, Florida prohibits the <br />performance of any tree removal, landclearing or grubbing <br />unless tree removal and landclearing permits have first been <br />issued by the County. The ordinance further specifies that a <br />violation shall be punishable upon conviction by a fine not to <br />exceed five hundred dollars ($500) per tree and land clearing <br />activity or by imprisonment in the.County jail for up to sixty <br />(60) days, or both. <br />On August 30, 1985 and September 17, 1985, respectively,.staff <br />requested that Mr. Righton and Mr. Jaholkowski submit a <br />voluntary payment of $2,500.00 and obtain ==!'after -the -fact" <br />permits. <br />Mr. Righton and Mr. Jaholkowski both indicated that they felt <br />the fine was excessive and that they would not voluntarily <br />comply with staff's request. <br />STAFF RECOMMENDATION: <br />Staff recommends that the Board of 'County Commissioners grant <br />staff the authority to pursue available remedies in County <br />court. <br />43 <br />ma 62 PAGE c33 <br />