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ALTERNATIVES AND ANALYSIS: <br />Section 231-6(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 January 24, 1986, staff requested that RABO Corporation <br />submit a voluntary payment of $500.00 and obtain an "after -the - <br />fact" permit. <br />Mr. N. B. Ryall Jr., representing RABO Corporation, indicated <br />that he felt the fine was excessive and that RABO Corporation <br />would not voluntarily 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 />Chief Planner Challacombe confirmed that since staff could <br />find no evidence of protected vegetation having been removed, the <br />fine would be for land clearing only. <br />N. B. Ryall informed the Board that he was born in this <br />county and he is a citrus grower. It was his position that RABO, <br />which is a family corporation, should not be subject to a fine <br />for underbrushing this property because he was not aware a permit <br />was necessary. In support of his argument that the fine was <br />unjustified, Mr. Ryall advised that he has been given permission <br />to use the name of three well-known citrusmen in this county, as <br />well as that of a former County Commissioner, all of whom said <br />they would have done the same thing without realizing a permit <br />was necessary. He stated that he was aware of the tree protec- <br />tion ordinance. Mr. Ryall further noted that he has access to <br />his own grove equipment, which he has used in the past for the <br />same kind of work; he is not a contractor and is not aware of <br />some of these things that have been passed. <br />Commissioner Bird asked how our ordinance re clearing land <br />applies to different type zoned properties, and Planner <br />Challacombe advised that everything other than single family <br />parcels under one acre and Agricultural parcels would require a <br />1 35 <br />FEB 1 BOOK <br />1986 BOOK 63 F4 C 60. 3 <br />