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' § 927. 16 INDIAN RIVER COUNTY CODE considered prima facie a unique or special condi- (4) Any person who commits a violation speci- tion or circumstance peculiar to the land involved fled in paragraph ( 1)(b) above shall be subject to a for the purpose of application for a variance from fine of one thousand dollars ($ 1 , 000 . 00) . The the literal requirements of land,development reg- removal, destruction, or killing of each protected ' ulations pertaining to building setbacks, parking tree under this chapter shall be considered a space requirements, or minor or residential street separate offense. right-of--way widths , provided :adjustments are made elsewhere on the site to preserve the max- (5) Any person who commits a violation speci- imum permitted lot coverage and the total mini- fled in paragraph ( 1)(c) above shall be subject to a mum number of parking spaces , and provided fine of up to fifteen thousand dollars ($ 15 ,000 . 00) . p g p p The removal, destruction, or killing of each spec- safety precautions are taken to offset any hazard imen tree under this chapter shall be considered a resulting from decreased right=of=way.widths . separate offense. ( Ord. No. 9046, § 1 , 9-11-90) ` In determining the fines provided for in this Section 927.17. Penalties and enforcement. subsection, the code enforcement board shall con- ( 1 ) It shall be a violation of this chapter for any sider: person: (a) The gravity of the violation; (a) To fail to obtain any permit required by (b) Any actions taken by the violator to cor- this chapter, or to violate or fail to comply rect the violation; and with the provisions of any permit issued (c) Any previous violations committed by the under this chapter; violator. (b) To, without a required permit, remove, (6) Any person who commits a violation speci- fied in paragraph ( 1)(d) above shall be subject to a ' (c) To, without a required permit, remove, fine of not less than one hundred dollars ($ 100 . 00) destroy, or kill a specimen tree( s); and not greater than fifteen thousand dollars (d) To, without a required permit, perform ( $ 15 , 000 . 00) per separate offense. The amount of any land clearing or grubbing; the fine shall be calculated as follows [sections (a), (b), and (c)] : (e) To, with or without a permit, not properly (a) For low .quality vegetation removal, a dispose of tree removal or land clearing debris; base fee of twenty-five cents ( $ 0.25) per square foot of area illegally cleared land (fl To not properly install and maintain tree shall be charged. Low quality vegetation protection barriers around each tree to be generally consists of plants such as dog saved, or groups of trees , as described in fennel, grape vine, goose-foot grass, or section 927 . 05(3) . non-native vegetation such as Brazilian (2) The violation described in section 927 . 17( 1xc) pepper. above shall be deemed to be irreparable and (b) For high quality vegetation removal, a irreversible [see Chapter 162 . 09 , Florida Statutes base fee of fifty cents ($0 . 50) per square ' (F. S .)] , foot of area illegally cleared land shall be (3) Any person who commits a violation speci- charged. High quality vegetation gener- fied in paragraph ( 1)(a) above shall be subject to a ally consists of native vegetation such as fine of u to two hundred and palmettos , gallberry, or wax myrtle . p fifty dollars ($250 .00) for each day the violation continues to exist be- (c) In the event that the quality of vegetation yond a code enforcement board established date of removed cannot be determined, a base fee compliance . This fine can be in addition to any of thirty-seven and one-half cents ($ 0 .375) other fine and/or penalty specified by the Code of per square foot of area illegally cleared Aian River County. land shall be charged. Supp. No. 45 927/8