Loading...
HomeMy WebLinkAbout2004 01 20 Section 5-8. Enforcement; Penaltiesapproved by the City Forester or the City Commission if the violation is inconsistent with bans, Hermits or agreements approved by the City Commission. The restoration plan may require mitigation of any other damage to the property, as well as Tree replacements. (b) Tree Replacement Remediation Requirements, Each Tree destroyed or receiving major damage during construction must be replaced by either a compazable size and desirable type of Tree as listed within Appendix B or providing a contribution to the Tree Bank equal to four times the contribution listed on Table 1 • Tree Replacement Standards or planting four (4) Preferred Plants listed within A nendix B four-(~.j I2xpi~cz~neirt-Trccs before issuance of a certificate of occupancy or certificate of completion. (c) Property Owner to Guarantee Survival of Replaced Trees. The property owner shall guarantee the survival of the Trees required to be placed under Subsection (b) above for a period of two (2) years from the date the certificate of occupancy or certificate of completion is issued, unless a greater time period is required by development agreement. If the replacement Tree dies, the Tree shall be replaced in accordance with this section. Sec. 5-18. Enforcement; Penalties. (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 master, and seeking injunctive and equitable relief. For purnoses of determining the penalties provided under this Chapter the removal or death of a Tree to violation of thts Chanter shall be deemed irreparable or irreversible (b) Penalties. In addition to all other remedies set forth in this Chapter, one or more of the following civil fines shall apply to violations of this Chapter: /~' '~. (1) 'Failure to obtain a permit under Section 5-4(al: Fine of $250.00 per Tree or $500.00 ~' per Specimen or Historic Tree removed not to exceed $5,000.00. (2) Removal of a Tree without a permit: Fine of $50.00 per Caliper inch not to exceed ~~~ $5,000.00 per Tree. / ~ j Removal of a Specimen or Historic Tree without a permit• Fine of $100 00 per / Caliper inch, not to exceed $5 000 00 er Tree ~~ Failure to abide by a cease and desist order issued under this Chapter Fine of $500.00 per dav. City of Winter Springs Ordinance No. 2003-22 Page 22 of 24 ow COMMISSION AGENDA ITEM A May 12, 2003 Meeting REQUEST: CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X Mgr.~y ~ ~~/~ t. Authorization The Community Development Department Arborist recommends the City Commission consider the request of Mr. Michael Gerken to remove 1 specimen pond pine, approximately 26 inches in diameter. PURPOSE: The purpose of this agenda item is for the City Commission to consider Mr. Gerken's request to remove a specimen (26 inch diameter) pond pine tree at 1114 Shadowbrook Trail, as required by Section 5-8 of the City Code of Ordinances. The specimen tree is located in the back yard about f fteen feet from the house. The applicant states that he wants to remove the tree because the owner does not like it and the pine needles make a mess. He has stated a willingness to replace the tree. APPLICABLE LAW AND PUBLIC POLICY: On Apri18, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed as attachments). Sec. 5-2. Intent and Purpose. Sec. S-3. Definitions. Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. Sec. 5-8. Specimen or Historic Trees. May 12, 2003 REGULAR AGENDA ITEM A Page 2 Sec. 5-14. Tree Protection During Development and Construction; Periodic Inspection. Sec. 5-16. Waivers and Appeals. FINDINGS: 1) Section 5-8.b of the Arbor Ordinance provides that a specimen tree shall not be removed except for extraordinary circumstances and hardships and only by f nal permit approval by the City Commission. 2) Approximately two months ago the owner at this location requested the removal of two trees from the site. The tree in question under the current application is the 26 inch pond pine. Removal of the tree was denied due to a finding that removal could not be recommended under the provisions of the Tree Ordinance at that time. 3) In this application the applicant states that the owner wants this same tree removed for the following reasons: a) The owner does not want a pine tree in his back yard. b) Pine needles from the tree make a mess in the yard. Sodding The Yard Based upon Staff review it does not appear that preservation of the tree will prevent normal use of the property. Pine Needles Pine needles may be considered a nuisance. Pine needles do not have to be cleaned at all. In this and other situations where the owner desires to keep the lawn clean of needles, this can be done by normal maintenance practices without necessitating any damage to the tree. Public Safetv Staff analysis of the site in this application does not reveal any evidence of any public safety issues caused by the tree. In time, lower limbs on this tree may need routine pruning from time to time. May 12, 2003 REGULAR AGENDA ITEM A Page 3 Conclusion Staff's review of this application concludes that the applicant's request is based upon convenience and personal preference issues that do not constitute verification of extraordinary circumstances nor hardship. STAFF RECOMMENDATION: Based upon staff's review of the facts related to this application, Staff recommends that the City Commission deny the request to remove the 26 inch diameter specimen pond pine tree from 1114 Shadowbrook Trail. ATTACHMENTS: A. Ordinance 2002-08 (pertinent excerpts) B. Applicant's application C. Location map COMMISSION ACTION: L w _ .1J~NrFR ,, ~~ ~ ~~ le~o.pcruc.d ~•, 1959 ~~ORIOP' Code Enforcement CITY OF WINTER SPRINGS, FLORIDA t 126 EAST STATE ROAD 434 WINTER SPRINGS, FL.ORIDA32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 RE[NSPECT(ON FEE ARBOR PEMIT NUMBER NAME: PROJECT ADDRESS: FEE PAID DATE ~.Q, ~ ~~ ~t ~ ~,emoJe O y Q r~rno ~L /~lq~ i2~ ~° 3 REGULAR REGULAR 16. A. Community Development Department -Arborist Division Recommends The City Commission Consider The Request Of Mr. Michael Gerken To Remove 1 Specimen Pond Pine, Approximately 26 Inches In Diameter. Mr. Michael Gerken, 1114 Shadowbrook Trail, Winter Springs, Florida: addressed the City Commission regarding this Agenda Item and his property. Mr. Michael Mingea, Arborist/Environmental Inspector, Community Development Department spoke on this Agenda Item. Discussion. "I MAKE A MOTION TO DENY -FOR THE REASONS STATED ON THIS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED.