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M . 10 <br />protecting the roots and trunk of a protected tree both during <br />and after construction. In no event shall the protected area be <br />less than an area measured five (5) feet radially from the center <br />of the tree at its base unless expressly determined by the <br />Environmental Planner that a smaller specified protected area may <br />SECTION 5 <br />Section 231-16 is hereby amended as follows: <br />(a) A violation of any provision of this ordinance <br />shall be punishable upon conviction by a fine not to exceed FIVE <br />HUNDRED DOLLARS ($500.00), or by imprisonment in the County jail <br />up to sixty (60) days, or both such fine and imprisonment. The <br />destruction or alteration of each tree or plant under this <br />ordinance shall be considered a separate offense. The destruction <br />of an historic or specimen tree, mangrove, or any -dune <br />Vegetation, contrary to this ordinance shall receive the maximum <br />penalty provided by law. Any violation of this ordinance is also <br />subject to prosecution before the Indian River County Code <br />Enforcement Board in accordance with applicable law and subject <br />to penalties allowable under the Code Enforcement Board <br />Ordinance. In addition to either of the foregoing remedies, <br />the County or any aggrieved party having a substantial interest <br />in the protections provided by this ordinance may apply directly <br />to a court of competent jurisdiction for mandatory or prohibitive <br />injunctive relief. In any enforcement proceeding, the <br />adjudicating body may consider mitigating measures voluntarily <br />undertaken by the alleged violator such as replacement or <br />relocation of trees or vegetation, or other landscaping <br />improvements, in fashioning its remedy. Such body may also <br />require such restorative measures. <br />(b) Permits required by this ordinance may be obtained <br />after -the -fact for land clearing, tree removal, and manqrove <br />alteration activities, upon determination by the Environmental <br />Planner that such activities were performed in accordance with <br />permit issuance criteria specified in Sections 23}-8 and 231-9 <br />The fee for an after -the -fact permit shall be three (3) times the <br />55 <br />AUG 6 R0 <br />