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sent Mr. Berlin a letter stating that he would be required to <br />install the ten trees by February 21, 1986 in order to comply <br />with the Consent Order. Subsequently, Mr. Berlin contacted <br />staff and explained that he could not locate the proper number <br />of Oak trees six inches DBH and desired to take this matter to <br />the Board of County Commissioners. <br />ALTERNATIVES AND ANALYSIS: <br />This case was the first tree protection violation to appear <br />before the County as an enforcement action since the adoption <br />of the tree protection ordinance. At that time, staff attemp- <br />ted to utilize mitigation as a method of solving this type of <br />violation. At the direction of the Board of County <br />Commissioners, staff has abandoned such administrative <br />procedures in favor of formal presentation of the issues to <br />the Commission for its deliberation. <br />Section 23 1/2-6(a) & (b) of the Code of Laws and Ordinances of <br />Indian River County, Florida prohibits landclearing and the <br />removal of protected trees unless the required permits -are <br />first issued by the County. The ordinance further specifies <br />that a violation of this provision shall be punishable upon <br />conviction by a fine not to exceed five hundred dollars ($500) <br />or by imprisonment in the County jail for up to sixty (60) <br />days, or both. <br />Based upon the number of trees that have been illegally <br />removed, the property owner faces a maximum monetary fine of <br />$12,000 dollars. In effectuating a settlement, the Board of <br />County Commissioners has the ability to consider any voluntary <br />payment or restoration offer from the owner as restitution. <br />STAFF RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners con- <br />sider obtaining a voluntary payment of up to $12,000 dollars <br />and appropriate restoration of the area from the property <br />owner. In the event that any such agreement is not forth- <br />coming, staff recommends that the Board of County Commissioners <br />grant staff the authorization to pursue available remedies in <br />County court. <br />Chairman Scurlock asked the County Attorney why this matter <br />is here as he felt the Code Enforcement Board action should stand <br />on its own. <br />Attorney Vitunac explained that the Commission cannot affect <br />a Stipulation of the Code Enforcement Board other than by direct- <br />ing staff to go make a proposal before that Board. Apparently <br />Mr. Berlin has agreed to the Order, but he wants to get out of <br />it; staff will not let him out; so, he wants to go over staff's <br />heads to the County Commission. <br />Chairman Scurlock asked if staff is saying that anyone who <br />wants to appeal what staff and the Code Enforcement Board recom- <br />mends has the right to come to the Commission. <br />55 <br />Bou 6J F" -C 544 <br />