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2/5/1986
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2/5/1986
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7/23/2015 11:53:00 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
02/05/1986
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BOOK 63 F-A,UE 543 <br />"1. Respondent shall, as part of the proposed development of <br />the subject property, plant no less than ten live oak <br />(Quercus virginiana) trees having a diameter at breast <br />height of six inches or more, in those locations iden- <br />tified on the revised landscaping plan submitted to the <br />staff for inclusion with the site plan approved by the <br />Planning & Zoning Commission on December 20, 1984. <br />2. The ten trees required hereby may be counted towards those <br />otherwise required by the landscaping ordinance, on a tree <br />for tree basis, and once installed, whether so counted or <br />not, shall be treated as required landscaping with respect <br />to all care and replacement provisions of the landscaping <br />ordinance. <br />3. In the event Respondent does not develop the subject <br />property pursuant to the finally approved site plan, or in <br />the event site plan approval is later withdrawn, revoked, <br />or declared invalid or void for any reason, such that the <br />ten trees will have not been replaced prior to January 30, <br />1986, then Respondent shall proceed to install said trees <br />on the property in a location acceptable to the environ- <br />mental planner, outside the "gross buildable area" as <br />defined in Section 23 1/2-5(a) of the Code of Laws and <br />Ordinances, on or before February 21, 1986 (hereinafter <br />compliance date). Respondent shall -fertilize -and irrigate <br />such trees as may be necessary to assure their survival <br />once planted. If development of the subject property is <br />still underway in February 1986 per an approved site plan, <br />then Respondent may request an extension of this com- <br />pliance date to allow the planting to occur with the other <br />landscaping in the normal course of development. <br />4. Upon compliance with the foregoing required steps, Respon- <br />dent shall notify the Environmental Planner, Arthur <br />Challacombe, at 1840 25th Street,• Vero Beach, Florida, <br />(305) 567-8000, extension 247, who shall verify the action <br />taken and notify the Code Enforcement Board. <br />5. If Respondent has failed to comply with the above -required <br />steps on or before the designated compliance date, this <br />Board shall reconvene in the Commission Chambers at the <br />first regularly scheduled meeting thereafter, after due <br />notice to Respondent from the Code Inspector, to hear <br />further evidence on the issue of compliance and to impose <br />a fine in the amount of $100.00 per day for each day the <br />violation continues beyond the compliance date. The Board <br />reserves' jurisdiction in this matter to review progress <br />made, corrective action required, or compliance dates, <br />upon proper written request from either party with notice <br />to the other. <br />6. This order is intended to be enforceable and binding upon <br />Respondent, and any successors in interest to the subject <br />property and, the original or a certified copy of this <br />order shall be recorded in the Official Record Books of <br />Indian River County, Florida, constituting notice to all <br />such successors. <br />7. Take notice that any fine imposed by this Board against <br />Respondent constitutes a lien against the subject pro- <br />perty. Continued non-compliance can result in foreclo--. <br />sure, judicial sale, and loss of the property." <br />On December 20, 1985, the approved site plan expired without <br />compliance with the Consent Order. On January 2, 1986, staff <br />54 <br />
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