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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 who commits a violation seci- made elsewhere on the site to 'preserve the max- (5) Any person wp 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). ' The removal, destruction, or killing of each spec- safety precautions are taken to offset any hazard resulting from decreased right=oPway .widths , men tree under this chapter shall be considered a ( Ord .. No . 9046, § 1, 9- 11-90) ` separate offense. ' 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 corm 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, ' destroy, or kill a protected tree(s); (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) 7b, with or without a permit, not properly dispose of tree removal or land clearing (a) For low , quality vegetation removal, a debris; base fee of twenty-five cents ( $ 0.25) per (f) To not properly square foot of area illegally cleared land ' p p y 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 .)] a foot of area illegally cleared land shall be (3 ) Any person who commits a violation speci- charged. High quality vegetation gener- fled 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 Indian River County. land shall be charged. Supp. No. 45 927/8