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develop the subject property pursuant to the finally approved site plan, or in the event site plan approval is later withdrawn, revoked, or declared invalid or void for any reason, such that the ten trees will have not been replaced prior to January 30, 1986, then Respondent shall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