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had been cleared prior to the issuance of a landclearing <br />permit. To staff's knowledge, no protected trees have been <br />removed. <br />The properties are currently owned by Mr. Herman Lewis and were <br />cleared by Sunnyland Clearing. <br />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 February 18, 1986, staff requested that Mr. Lewis submit a <br />voluntary payment of $500.00 and obtain an "after -the -fact" <br />permit. <br />Mr. Dick Martin, representing Mr. Lewis, indicated that he felt <br />the amount was excessive and that Mr. Lewis would not volun- <br />tarily comply with staff's request. - <br />STAFF RECOMMENDATION: <br />Based upon previous cases of this nature, staff recommends that <br />the Board of County Commissioners settle this matter through <br />the payment of one hundred fifty dollars ($150.00). In the <br />event that this is unacceptable to the respondent, staff <br />recommends that the Board of County Commissioners grant staff <br />the authority to pursue available remedies in County court. <br />Commissioner Lyons asked how long the owner of the land <br />clearing operation has known that he needed to get a permit. <br />Dick Martin informed the Board that he owns Sunnyland <br />Clearing, and he is aware there are protected trees but he did <br />not know you needed a permit to take pepper trees out. In the <br />City they encourage it. <br />Commissioner Lyons noted that we just want to know what is <br />being done, and we need to know what is being cleared. <br />Planner Challacombe explained that to take out pepper trees <br />and Australian pines does not require a permit per se; however, <br />when heavy machinery is brought on a large site, and in this case <br />the acreage was between 8 or 9 acres, getting a permit gives <br />staff an opportunity to investigate to make sure that is all that <br />is being removed. After the fact, this is very difficult to <br />determine. <br />35 <br />L- BAR 12 1986 BOOK 63 F�A,cE 8-68 <br />