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HomeMy WebLinkAbout2004 03 22 Regular 502 COMMISSION AGENDA ITEM 502 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X March 22, 2004 Meeting MGR J</IA. IDEPT It::x;- Authorization REQUEST: Police Department Code Enforcement Bureau requests the Commission to review information regarding arbor cases presented to the Code Enforcement Board and related enforcement activities in Seminole County. PURPOSE: This agenda item is needed to provide information the Commission requested in order to determine if fines assessed by Winter Springs Code Enforcement Board are reasonable and comparable with the current enforcement standards within Seminole County. CONSIDERATIONS: The Code Enforcement Board was presented one case under the current Tree Ordinance 2003-22 and 4 cases were heard under Ordinance 2002- 08 providing a finding of fact with the assessed fines in each case: Listed below is a summary of each case heard by the Code Enforcement Board. A. Current Ordinance 2003-22 Case Numbers 03-0004709 & 03-0004710 City of Winter Springs v Michael H. & Debbie J. Gerken, January 20, 2004. The Code Board was provided with the following information in this case: · Mr. Gerken was present at the May 12, 2003 Commission Meeting to request approval for the removal of a 26 inch specimen tree (Pond Pine). · Commission Martinez made a motion to deny the request, seconded by Commissioner Miller with a 5-0 vote. · On 10/29/2003 Mr. Minga on personal investigation found that this tree had been removed without permit. Mr. Gerken was instructed March 22, 2004 Regular Agenda 502 Page 2 of6 and aware that a permit is still required and commission approval the removal of this 26 inch specimen tree. . Property Posted and Certified mail Sent and signed for on 1/09/2004. . Currently is not in compliance. . A finding of fact was requested and appropriate relief as allowed by Ordinance 2003-22 Section 5-18(b) (1). Under direct examination Mr. Gerken stated that he was aware of the permitting process and didn't want to wait. However, after receiving notice for the tree removal he did apply for a permit on November 14, 2003 after the fact and listed himself as the contractor. The Code Board ruled in favor of the City, and assessed a fine of$500.00 for no permit and $100.00 per caliper inch (26 inch Pond Pine) for a total of $2,600.00. B. Prior Ordinance 2002-08 Case Number 03-0004069 City of Winter Springs v Gary J. Jr. & Paula M. Kohler, December 16,2003. The Code Board was provided with the following information in this case: . Mr. Kohler was cited on October 2, 2003 and issued a Notice of Violation for the removal of 5 trees. A 6" Golden Trumpet, 13" Sand Live Oak, 7" Sycamore, 12" Sand Live Oak, and a 22" Specimen Live Oak. . Mr. Anthony Haddock of Haddock Tree Service (Contractor) was issued a citation for no permit in the removal of 5 trees. A 6" Golden Trumpet, 13" Sand Live Oak, 7" Sycamore, 12" Sand Live Oak, and a 22" Specimen Live Oak. This is a case of irreparable or irreversible damage. . Property Posted and Certified mail Sent and signed for on 11/2812003. . Currently is not in compliance. . A finding of fact was requested and appropriate relief as allowed by Ordinance 2002-08 Section 5-18. Under direct examination Mr. Kohler stated that he was not aware of the permitting process. However, he had applied for a permit on June 19,2000 for the removal of 1 Oak tree and listed himself as the contractor. The Code Board ruled in favor ofthe City, and assessed a fine of$3,000.00 for the removal of 4 trees and 1 specimen tree. The contractor Haddock Tree Service paid a fine of$IOO.OO for no permit. March 22,2004 Regular Agenda 502 Page 3 of6 Case Number 03-0003458 & 03-0003459 City of Winter Springs v Michael Mallin, September 16, 2003. The Code Board was provided with the following information in this case: . Was first brought to the City Arborist on May 28,2003. This is a case of irreparable or irreversible damage and warrants an enhanced penalty. . An inspection and photographs were taken 6/9/03. . Property Posted and Certified mail Sent and signed for on 8/5/2003. . Currently is not compliance. . A finding of fact was requested and appropriate relief as allowed by Section 5-18. Under direct examination Mr. Mallin stated that he rented a front-end loader with backhoe tractor to clear his land. However, he had no training in the use of this equipment and had cleared approximately % acre of all vegetation, shrubs and trees. There was an encroachment into a city wetland conservation area causing damage to the creek and several trees. The Code Board ruled in favor of the City, and assessed a fine of $4,000.00 for the removal of vegetation, $1,000 for removal of trees, and to repair the property and conservation area. Mr. Mallin had Sun State Tree Service make these repairs at a cost of $23,290.00. Case Number 03-0002397 City of Winter Springs v Carlos A. & Ana G. Cruz, April 15, 2003. The Code Board was provided with the following information in this case: . Was cited on February 28,2003 and issued a warning. The case is of irreparable or irreversible damage to a specimen tree (25 inch Sweet gum) and warrants an enhanced penalty. . Property Posted and Certified mail Sent and signed for on 4/4/2003. . Currently is not in compliance. . A finding of fact was requested and appropriate relief as allowed by F.S.S. 162. Under direct examination Cathy Davidson was on duty and found Tuikaba Tree Service cutting the 25 inch specimen tree at the direction of Mr. Cruz. Cathy Davidson issued a citation for $100.00 to the contractor, instructed the contractor and Mr. Cruz to stop work that a permit was required. However, later that day Ms. March 22, 2004 Regular Agenda 502 Page 4 of6 Davidson returned to the residence to find that the tree had been hat racked by the tree service again at the direction of Mr. Cruz. The Code Board ruled in favor of the City, and assessed a fine of $2,500.00 for the removal ofthe specimen trees. C. Tree enforcement fees for Semilllole County and Municipalities: Altamonte Springs - The fine is $100.00 per inch on removals without permit. They also have a tree replacement table for violation which can be assessed with the fine. Trees that are 2-12 inches it is a 3:1 replanting of 4 inch trees. 13-20 inch is 4:1 of6 inches, 21-29 inches is 4: 1 of 8 inch, and if it is 30 inches or greater 5: 1 with 8 inch trees. Casselberry - They use F.S.S. 162 which imposes a fine of up to $5,000 for irreversible or irreparable damage per tree and/or a replacement planting of inch for inch. Lake Mary - The fine is $100.00 per inch on removals without permit. They also include the following amounts to the initial fine 6-12 inches $600.00, 13-23 $900.00, 24 or greater $1,200.00. They do not use a replanting formula. Longwood - They use F.S.S. 162 which imposes a fine of up to $250.00 for no permit and up to $500.00 for repeat and up to $5,000 for irreversible or irreparable damage per tree. Oviedo - The fine is $100.00 per inch on removals without permit. If the tree was in a conservation area then the fine doubles to $200.00 per inch. Sanford - The fine is done at a 6: 1 ratio replanting. The minimum size tree replanted is 3 inches and equal to the canopy lost or a contribution to the tree bank in the amount equal the value of the tree destroyed. Seminole County - They use F.S.S. 162 which imposes a fine of up to $250.00 for no permit and up to $500.00 for repeat and up to $5,000 for irreversible or irreparable damage per tree. However, there is no permit required for residential homes on 5 acres or less or for agriculture use. In areas where a permit is required it is based on 3-12 inch tree replaced with 2: 1 2 inch tree, 13-23 inch 3: 1 2 inch tree, 24 and up are 4: 1 2 inch tree. Winter Springs - The Failure to obtain permit under Section 5-4(a): Fine of$250.00 per tree or $500.00 per Specimen or Historic Tree removed, not to exceed $5,000.00. Removal of a Tree without permit: Fine of $50.00 per caliper inch, not to exceed $5,000 per Tree. Removal of a Specimen or Historic Tree without permit: Fine of $1 00.00 per Caliper inch, not to exceed $5,000.00 per Tree. March 22, 2004 Regular Agenda 502 Page 5 of6 Failure to abide by a cease and desist order issued under this Chapter: Fine of $500.00 per day. Failure to obtain a contractor's license under Section 5-4(e): Fine of$250.00 (1st offense); $500.00 (2nd and each subsequent offense). Failure to abide by the requirements of Section 5-10 ofthis Chapter: Fine of $250.00 per occurrence. Any other violation of this Chapter: Fine as provided by law and this Chapter. Governmental Entity Non-Specimen Fine Per Inch Specimen Fine Per Inch Altamonte Springs $100.00 Lake Mary $100.00 Plus additional fine of $1,200.00 Oviedo $100.00 Environmental Area $200.00 Winter Springs $50.00 $100.00 Following is a comparative analysis of the fines that would have been assessed under the other cities. Altamonte SprinQs Lake Mary Oviedo Winter SprinQs Gerken $2,600.00 $3,800.00 $2,600.00 $2,600.00 Kohler $6,000.00 $7,200.00 $6,000.00 $3,000.00 Cruz $2,500.00 $3,700.00 $2,500.00 $2,500.00 D. Issue Analysis: The City of Winter Springs Tree Ordinance is comparable with Seminole County and other local municipalities. Altamonte Springs, Lake Mary, and Oviedo have higher fines for per caliper inch violations than Winter Springs. Casselberry, Longwood, Sanford, and Seminole do not use a per inch formula for tree removal. All local jurisdictions use Florida State Statute Chapter 162 which allows up to $250.00 per violation, $500.00 for repeat violations, and up $5,000 for each violation that is irreversible or irreparable damage per tree. E. Alternative: 1. Maintain current level of fines. 2. Amend the current level of fines. RECOMMENDATION: It is recommended that the Commission provide staff with whatever direction it deems appropriate. March 22, 2004 Regular Agenda 502 Page 6 of6 IMPLEMENTATION SCHEDULE: ATTACHMENTS: COMMISSION ACTION: Immediately upon approval by Commission.