HomeMy WebLinkAbout2004 01 20 Attached Handed out By Board Member Matisak Re: Arbor OrdinanceDate: January 20, 2004
ATTACHED WAS HANDED OUT TO
BOARD MEMBERS B Y BOARD
MEMBER MATISAK
Purpose:
To acknowledge the importance of the Arbor Ordinance, hereby referred to as "Chapter
5", while acknowledging the need to appropriately assess fines to those citizens who
violate through the negligence of a hired contractor.
Findings:
A citizen of Winter Springs who hires a contractor to remove his/her trees and/or
vegetation is currently responsible for all fines associated with the removal of said trees
and/or vegetation without a permit. These fines can be as high as $5,000.00 per tree.
However, if a contractor was responsible for the removal of trees and failed to secure a
permit for the removal of such trees, then the maximum penalty allowed by law to the
contractor is $100.00.
Currently a contractor is required to have a permit in order to perform tree and vegetation
removal within the city limits. However, Chapter 5 does not address penalties assessed to
contractors who fail to secure the necessary permits for vegetation and tree removal.
Therefore, if a contractor removes trees and/or vegetation without a permit the home
owner is responsible for the fines.
Suggestion:
We recognize that the citizens of Winter Springs respect their community, and in most
instances would not intentionally degrade it. We also recognize the fact that property
owners in The City of Winter Springs hire contractors to perform vegetation and tree
removal services that the property owners are unable or unwilling to do themselves. As
such, contractors are expected to acquire the necessary permits in order to complete such
removal services which are stipulated in Chapter 5 of the city code.
Therefore, it is the recommendation of the Code Enforcement Board that Chapter 5 be
amended so that it states the following:
1. Any contractor who is hired to perform services which require a permit, as per
Chapter 5 of the city code, be held liable for the removal of any tree or vegetation
without a valid permit issued by the City Forester.
2. Upon receipt of proof that a contractual relationship existed between the property
owner and the persons who violated Chapter 5, The City of Winter Springs Code
Enforcement will issue a citation for the appropriate violations to the contractor.
The property owner will be held harmless of any damages resulting from the
illegal removal of items defined in Chapter 5 by their contractor.
3. That the penalties allotted in Chapter 5 also be applicable to contractors who
violate and not be limited to $100.00.
4. That any contractor who legally conducts business within The City of Winter
Springs ma.y wave their obligation to file for permits and transfer that
responsibility to the property owner, if the property owner is notified in writing
prior to the removal of trees or vegetation. A signed release by the contractor and
property owner will therefore hold the property owner liable for the removal of
trees and/or vegetation without a permit.
Nezt Steps:
I therefore move that this statement in its amended form to be brought forward to the City
Commission for further review and acceptance.
y'
Mathew Matisak
Code Enforcement
City of Winter Springs