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DESCRIPTION & CONDITIONS: <br />On Junes, 1988, county staff observed that an estimated <br />twenty-six (26) red and white mangroves (averaging 7-10 feet <br />high) had been cut to a stubbage (approx. 1 to 2 feet in <br />height) along the shoreline of the following described <br />property: <br />Parcel #16-33-40-0014-0000-00025.0 <br />Lot 25, Seagrove West Subdivision, <br />as recorded in P.B.I. 11, Page 66 <br />The property's address is 245 Riverway Drive; the listed owner <br />is Mutual Building Corporation, Inc., in care of Mr. Nicholas <br />Christou, trustee and resident of the property. <br />The mangroves removed (approx. 20% white mangroves, 80% red <br />mangroves) were done so without a county mangrove alteration. <br />permit. Moreover, based on criteria set forth in Section 23J-8 <br />of the County Tree Protection Ordinance, a mangrove alteration <br />permit would not have been issueable for the removal even if an <br />application had been submitted prior to the work. <br />ALTERNATIVES & ANALYSIS <br />Section 231-6(a) of the County Tree Protection (No. 83-41) <br />specifies that it is unlawful and subject to penalties to <br />destroy or damage any protected tree (ie -mangrove) without <br />u <br />first obtaining a tree removal or mangrove alteration permit. <br />Further, Section 231-16 of the Tree Protection Ordinance <br />provides the following: <br />"A violation of any provision of this chapter shall <br />be punishable upon conviction by a fine not to exceed <br />five hundred dollars ($500.00), or by imprisonment in <br />the County jail up to sixty (60) days, or both such <br />fine and imprisonment. The destruction or alteration <br />of each tree or plant under this chapter shall be <br />considered a separate offense. The destruction of an <br />historic or specimen tree, mangrove, or any dune <br />vegetation., contrary to this chapter shall receive <br />maximum penalty provided by law." <br />Based on the number of separate violations observed (26), the <br />maximum fine in this case is calculated to be $13,000.00. <br />Mr. Christou was contacted by letter (dated June 3, 1988) <br />notifying him of the violation and requesting payment of the <br />maximum fine. Upon receiving the notice, Mr. Christou <br />contacted staff and explained that the mangroves were removed <br />(by himself) due to rat infestation problems along the <br />shoreline. He also indicated that be had just moved into the <br />residence from out -of -county, unaware of county mangrove <br />protection regulations,and was shocked at the amount of maximum <br />fine for the incident. While expressing regret for violating_ <br />county ordinances, Mr. Christou did note that green tips have <br />sprouted on the stubbage and expects that the mangroves will <br />eventually regenerate. <br />Given the alternatives of paying the requested $13,000.00 <br />maximum fine or appearing before the County Commission, Mr. <br />Christou preferred that the matter be scheduled before the <br />Commission for consideration.. <br />1 1 <br />BOOK 73 1 10 <br />