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Home My WebLink About2024 03 26 Public Hearing - New Case item 502 - Case# 2024CE00015 268 Buttonwood AvePUBLIC HEARINGS : NEW CASES ITEM 502 CODE ENFORCEMENT BOARD AGENDA | MARCH 26, 2024 REGULAR MEETING TITLE Case# 2024CE000015 Address: 268 Buttonwood Ave Owner: Robert Hibbs Violations: WS City Ord. 6-195 Maintenance of fences or walls WS City Ord. 5-4 Arbor Permit required SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Code Enforcement Board find the property in violation, issue an Order requiring the property owner to be fined in accordance with the penalties stated by City Ordinance of $250.00 for each tree removed and based on finding of fact of (5) trees removed without permit in the total amount of $1250.00. 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 2024CE000015 Code Enforcement Board March 26, 2024 City of Winter Springs Code Enforcement Division Respondent(s): Rodger Hibbs Address: 268 Buttonwood Ave. Violations: WS City Ord. 6-195 Maintenance of fences and walls WS City Ord. 5-4 Permit required for tree removal 89 2024CE000015 WS City Ord. 6-195 Maintenance of fences and walls All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article. Within thirty (30) days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty (30) days of receipt of such notice. The thirty-day period may be extended an additional thirty-day period by the city manager or the city manager's designee for good cause shown. 90 2024CE000015 WS City Ord. Sec 5-4 Permit Required for tree removal (a)Permit required.Except as provided in section 5-4.5 herein, no person shall engage in tree removal or engage in land clearing located within the city, without first obtaining a permit as provided in this chapter. If a property owner has retained a contractor to perform the land clearing or tree removal, the contractor must have a valid city issued arbor license required by subsection 5-4(e) and shall obtain the permit required by this chapter prior to the land clearing or tree removal. If no permit is obtained prior to tree removal or land clearing, the property owner and the contractor (if retained) shall have violated this section. It shall be a separate violation of this chapter for each tree removed and each day a person is engaged in land clearing without a permit. (b) Trees that can be removed by permit.Upon receipt of a completed application and verification on -site by the city arborist, a permit may be issued for tree removal if it is first determined by the city arborist that any one (1) of the following limited conditions exists to lawfully justify the tree removal: (1) Trees located on building and construction sites or projects as shown on city approved plans, provided said trees are replaced elsewhere on the property in accordance with section 5-9 of this chapter, except that city trees as defined in section 5-3 and historic and specimen trees under section 5-8 shall be preserved to the extent required by this chapter. (2) Trees with a trunk(s) located within ten (10) feet of a structure and that pose a clear hazard or that have caused significan t damage to said structure as determined by the city arborist. (3) Trees severely diseased, severely injured or dead. 91 2024CE000015 Case Summary December 26, 2023 - while conducting a re-inspection of a neighboring property on Buttonwood Ave, I observed a landscaping crew, company name unknown, conducting yard work on the front lawn area of 268 Buttonwood Ave. Heavy machinery present, but not in use at the time of observation. January 02, 2024 - A re-inspection was conducted and observed multiple large trees positioned at the front and side of the property structure were removed. The City permitting dept. was contacted to verify if an arborist report and or arbor permit was on file for the referenced property, but was informed an arborist report was not submitted or arbor permit issued. Please submit the following exhibits into evidence. (Exhibits 1-6) 92 2024CE000015 Case Summary Cont. January 2, 2024 - A notice of violation was sent by USPS Certified mail. January 5, 2024 – A notice of Violation was delivered, indicated by the USPS tracking website. February 19, 2024 – A Notice of Code Board Hearing was sent by USPS Certified mail. February 22, 2024- Notice of Code Board Hearing was delivered, indicated by USPS tracking website and returned receipt signed. Please submit the following exhibits into evidence. (Exhibits 1-6) 93 Exhibit 1 Address: 268 Buttonwood Ave Case No. 2024CE000015 Date Taken: January 02, 2024 94 Exhibit 2 Address: 268 Buttonwood Ave Case No. 2024CE000015 Date Taken: January 02, 2024 95 Exhibit 3 Address: 268 Buttonwood Ave Case No. 2024CE000015 Date Taken: January 02, 2024 96 Exhibit 4 Address: 268 Buttonwood Ave Case No. 2024CE000015 Google Maps Street view: May 2011 97 Exhibit 5 Address: 268 Buttonwood Ave Case No. 2024CE000015 Google Maps Street view: April 2022 98 Exhibit 6 Address: 268 Buttonwood Ave Case No. 2024CE000015 SCPA Ariel View October 23, 2023 99 2024CE000015 (a)Enforcement. The city may enforce the provisions of this chapter by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special magistrate, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this chapter, the removal or death of a tree in violation of this chapter shall be deemed irreparable or irreversible. (b)Penalties. In addition to all other remedies set forth in this chapter or any applicable agreement between the city and a property owner, one (1) or more of the following civil fines shall apply to violations of this chapter:(1)Failure to obtain a permit under subsection 5-4(a): Fine of two hundred fifty dollars ($250.00) per tree or five hundred dollars ($500.00) per specimen or historic tree removed, or five hundred dollars ($500.00) per quarter acre of land cleared, whichever is greater, not to exceed five thousand dollars ($5,000.00). The fine under this subsection is in addition to the fine provided in subsection (2) or (3) for removal of tree without a permit . WS City Ord Sec.5-18 Enforcement; penalties. 100 2024CE000015 Staff Recommendation Staff recommends the Code Enforcement Board find the property in violation, issue an Order requiring the property owner to be fined in accordance with the penalties stated by City Ordinance of $250.00 for each tree removed and based on the finding of fact of (5) trees removed without permit in the total amount of $1250.00 101