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DESCRIPTION & CONDITIONS: On March 3, 1989, County staff observed that parcel numbers 24-33-39-00011-0003-00001.0 and 00003.0 had been cleared, prior to the issuance of County landclearing or tree removal permits. The area cleared is approximately 0.25 acres in size. The property, lots 1 and 3 of Oslo Park, Block C, is located at the northeast corner of Oslo Road and llth Court S.W. The property 'is zoned IL, Light Industrial District. Inspection of debris on-site indicated that approximately 7 to 10 protec'ked pines over 8" diameter had been removed. After review- ing aerials of the property, it is estimated that at least 4 of the pines werelocated in required yard setbacks and not within the net buildable area of_the site. On April 6, 1989, staff met with Mr. Cosgrove, the owner, and Mr. Duncan Thomas of D & L Backhoe Services to discuss the violation. Mr. Cosgrove explained that he was not aware of the need for permits, and would not knowingly violate county ordinances. Mr. Thomas also indicated he was unware of the need for County per- mits. ALTERNATIVE & ANALYSIS: Section 231-6(a) & (b) , Tree Protection, of the Code of Laws and Ordinances of Indian River County prohibits the performance of any tree removal, landclearing or grubbing unless tree removal and landclearing permits have first been issued by the County, unless expressly exempted within the ordinance. The ordinance further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500)• per tree and landclearing activity or by imprisonment in the County jail for up to sixty (60) days, or both. Section 231-16 of the Tree Protection Ordinance provides that permits may be obtained after -the -fact upon determination by the environmental planner that activities were performed in accordance with permit issuance criteria. Based on the illegal landclearing and number of protected trees that could have been saved (ie - 4+ pines), staff requested on May 5, 1989, that Mr. Cosgrove and D & L Backhoe submit a .voluntary payment of $2,500.00. Voluntary payment as requested by staff has not been submitted; attorneys for the respondents have requested a hearing before the County Commission to consider the matter. .STAFF RECOMMENDATIONS: Staff recommends that the Board of County Commissioners consider obtaining a voluntary payment of $2,500 dollars, and require an after -the -fact permit. In the event that any said agreement is not forth -coming, staff recommends the Board of County Commission- ers grant staff the authorization to pursue available remedies in County Court. Roland DeBlois, Chief of Environmental Planning, advised that staff's recommendation is to assess the $2,500 as a voluntary payment and require an after -the -fact permit, and if that is not forthcoming, that the Board authorize staff to pursue this matter in County Court. Both the landclearer and the property owner were unwilling to pay the $2,500 fine and requested that this matter come before the Board today. Commissioner Eggert inquired about our past experience with this landclearer, and Mr. DeBlois reported that the County has no record of previous violations with this licensed landclearer. However, our records show that he did not attend the 1985 workshop on the tree protection ordinance. JUN 61989 37 floor 76 ,,,,9s3