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TREE REMOVAL/LAND CLEARING VIOLATION-.- RON MITCHELL <br />Staff Planner Roland DeBlois reviewed the following memo <br />dated 4/10/86: <br />ro: The Honorable Members DATE: April 10, 1986 FILE: <br />of the Board of County <br />Commissioners <br />DIVISION HEAD CONCURRENCE: TREE REMOVAL/LAND CLEARING <br />1 -71 <br />SUBJECT: VIOLATION: RON MITCHELL <br />Robert M. Kea i g, Cp <br />Planning & Develop nt Director <br />THROUGH: Art Challacombe <br />Chief, Environmental Planning <br />FROM: Roland M. DeBlois REFERENCES: visa Corp. <br />Staff Planner gyp DIS:ROLAND <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 April 23, 1986. <br />DESCRIPTION & CONDITIONS: <br />On April 2, 1986, County personnel observed that parcel numbers <br />13-33-39-00013-0000-00021.0, 00022.0, and 00027.0, having a <br />legal description of: Lots 21, 22, and 27, Colonial Heights <br />Subdivision, according to the plat recorded in Plat Book 10, <br />Page 97 of the Public Records of Indian River County, Florida, <br />had been cleared and three protected Scrub Hickory trees had <br />been removed prior to the issuance of tree removal and land - <br />clearing permits. <br />The property is currently owned by Visa Corporation, represent- <br />ed by Mr. Ron Mitchell. <br />ALTERNATIVES & ANALYSIS: <br />Section 231-6(a) and (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 April 3, 1986 and April 9, 1986, respectively, staff request- <br />ed that Mr. Mitchell submit a voluntary payment of $2,000.00 <br />and obtain "after -the -fact" permits. <br />Mr. Mitchell indicated that he felt the fine was excessive and <br />that he 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 />APR 2 3 1986 45 BOOK 4 PA,E 26 7 <br />