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ALTERNATIVES & ANALYSIS <br />Boob 66 �446 <br />Section 23J-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. This requirement includes single family <br />residential parcels having an area of greater than 1.0 acre. <br />The ordinance further specifies that a violation shall be <br />punishable upon conviction by a fine not to exceed five hundred <br />dollars ($500) per tree and landclearing activity or by im- <br />prisonment in the County jail for up to sixty (60) days, or <br />both. <br />Based on the illegal landclearing and number of protected trees <br />removed, staff requested on October 23, 1986, that Mr. Fuster <br />submit a voluntary payment of $8,500.00 and apply for after - <br />the -fact permits. Mr. Pete Fuster, representing Al Fuster, <br />indicated that he would prefer the matter be brought to the <br />County Commission for consideration rather than submit a <br />voluntary payment of the fine. <br />STAFF RECOMMENDATION <br />Staff recommends that the Board of County Commissioners con- <br />sider obtaining a voluntary payment of $8,500.00 dollars, in <br />addition to the requirement of application for after -the -fact <br />permits. In the event that any said agreement is not forth- <br />coming, staff recommends that the Board of County Commissioners <br />grant staff the authorization to pursue available remedies in <br />County Court. <br />Chairman Scurlock asked if the land clearer had an occupa- <br />tional permit, and Planner DeBlois stated that in researching <br />this, he could not find that an occupational license had been <br />issued to Mr. Ward. <br />Planner DeBlois then reviewed the following chart showing <br />where the land clearing took place: <br />76 <br />