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MANGROVE ALTERATION VIOLATION - (S. HALPIN) <br />Chief Environmental Planner Challacombe reviewed the <br />following memo: <br />TO: The Honorable Members DATE: January 9, 1986 FILE: <br />of the Board of County <br />Commissioners <br />DIVISION HEAD CONCURRENCE: MANGROVE ALTERATION <br />SUBJECT: VIOLATION - SHEILA HALPIN <br />Robert M. Keat ng ICP <br />Planning & Development Director <br />Op - <br />FROM: Art Challacombe REFERENCES: S. Halpin <br />Chief, Environmental Planning DIS:ARTCHA <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 February 5, 1986. <br />DESCRIPTION AND CONDITIONS: <br />On December 27, 1985, County staff observed that six black <br />mangroves had been cut or killed prior to the issuance of a <br />mangrove alteration permit. The parcel on which this occurred <br />is located on the Indian River, north of Quay Dock Road and is <br />owned by Ms. Sheila Halpin. The property currently contains a <br />single family residence and is designated as environmentally <br />sensitive on the Comprehensive Plan. <br />The owner explained to staff that she had not intended to kill <br />the mangroves and only desired to trim them so that she could <br />have a clear view of the oncoming traffic from a shared drive- <br />way easement. Ms. Halpin also stated that she would be willing <br />to engage in a replanting program as mitigation for the vio- <br />lation. <br />ALTERNATIVES AND ANALYSIS: <br />Section 231-6(a), Tree Protection, of the Code of Laws and <br />Ordinances of Indian River County, Florida prohibits the <br />performance of any mangrove alteration unless a permit has <br />first been issued by the County. The ordinance further speci- <br />fies that a violation of this provision shall be punishable <br />upon conviction by a fine not to; exceed five hundred dollars <br />($500) for each tree or by imprisonment in the 'County jail for <br />up to sixty (60) days, or both. <br />Based upon the number of mangroves that have been illegally <br />cut, the property owner faces a maximum monetary fine of $3,000 <br />dollars. In effectuating a settlement, the Board of County <br />Commissioners has the ability to consider any voluntary payment <br />or restoration offer from the owner as restitution. <br />61 <br />FEB196 goon 63 556 <br />