11/13/1990 - Laserfiche WebLink

Home Browse Search

protection/land clearing violation is such that an after -the -fact fine is more appropiate. Therefore, it is staffs decision to bring this matter directly to the Board -of County Commissioners for assessment of a voluntary fine or authorization to pursue this matter in court. A five -hundred ($500.00) dollar fine was calculated for each encroachment on each• lot. In addition, an after -the -fact landclearing permit fee of one -hundred twenty ($120.00) dollars (three times the regular $40.00 fee) was calculated for the area cleared west of the D.S.S.L. The total fine is calculated to be two -thousand one -hundred twenty ($2120.00) dollars (4 lots @ $500.00 apiece + $120.00 ATF permit fee = $2120.00). ALTERNATIVES & ANALYSIS: Section 927.05, Tree Protection and Land Clearing, of the Indian River County Land Development Code prohibits the performance of any tree removal, land clearing, dune vegetation alteration, or mangrove alteration before applicable county permits have first been issued by the County, unless expressly exempt within the ordinance. The ordinance further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollar ($500) per tree and/or land clearing violation or by imprisonment in the County jail for up to sixty (60) days, or both. Sec. 927.17 provides that the destruction of an historic or specimen tree, mangrove, or any dune vegetation shall receive the maximum penalty provided by law. Section 927.17 also specifies 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 land clearing and number of protected trees and/or amount of protected vegetation that could have been saved, staff requested on 09/17/90 that the Respondent submit a voluntary payment of $ 2, 120.00 within 30 days of receipt of certified notice. Voluntary payment as requested by staff has not been submitted. STAFF RECOMMENDATIONS: Staff recommends that the Board of County Commissioners order the Respondent to pay a voluntary fine of $ 2. 120.00, and to obtain an after -the -fact permit, including revegetation of the disturbed area. In the event that said fine is not paid and said after -the fact permit is not obtained, staff recommends that the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. Commissioner Scurlock wished to know if Mr. Degrazia was present, and it was determined that he was not present nor was anyone present to speak for him. Environmental Planner Crosley advised that he notifie-d Mr., Degrazia and also made a follow up phone call. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Scurlock, the Board unanimously approved staff recommendation ordering the Respondent to pay a volun- tary fine of $2,120 and to obtain an after -the- fact permit, including revegetation of the disturbed area. NOV 13 199" 17