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Home My WebLink About2004 01 12 Regular 512 COMMISSION AGENDA ITEM 512 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X January 12,2004 Meeting MGR.a/DEPT*- Authorization REQUEST: Commissioner David McLeod requesting discussion of the range of fines authorized under the Tree Ordinance which can be assessed by the Code Enforcement Board. PURPOSE: This agenda item is needed to determine if fines assessed by the Code Enforcement Board are reasonable. CONSIDERA TIONS: fines: The current Tree Ordinance provides for the following Sec. 5-18 (b) Penalties. In addition to all other remedies set fourth in this Chapter, one or more of the following civil fines shall apply to violations of this chapter: 1. 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. 2. Removal of a Tree without permit: Fine of $50.00 per caliper inch, not to exceed $5,000 per Tree. 3". 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. 4. Failure to abide by a cease and desist order issued under this Chapter: Fine of $500.00 per day. 5. Failure to obtain a contractor's license under Section 5-4(e): Fine of $250.00 (1 sl offense); $500.00 (2nd and each subsequent offense). 6. Failure to abide by the requirements of Section 5-10 of this Chapter: Fine of $250.00 per occurrence. 7. Any other violation of this Chapter: Fine as provided by law and this Chapter. January 12,2004 Regular Agenda 512 Page 2 of2 The following fines haven been assessed by the Code Enforcement Board. A. Current Ordinance 1. None have been presented to the Code Enforcement Board. B. Prior Ordinance 1. Case Number 03-2397 April 15, 2003, Fine $2,500.00 for removal of one specimen tree. 2. Case Number 03-3458 August 19,2003, Fine $4,000 for removal of vegetation and trees and with no permit. 3. Case Number 03-3459 September 16,2003, Fine $1,000.00 for removal of one tree. 4. Case Number 03-4069 December 16, 2003, Fine $3,000.00 for removal of four trees and one specimen tree. C. Alternative: 1. Maintain current level of fines. 2. Amend the current level of fines. 3. Research fines imposed by other local governments and return results to the Commission for review. RECOMMENDATION: It is recommended that the Commission provide staff with whatever direction it deems appropriate. IMPLEMENTATION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: Letter dated December 26,2003 from Mr. Gary J Kohler, Sr. and Mrs. Paula M. Kohler. COMMISSION ACTION: DEC-30-2003 09:57 CITY OF WINTER SPRINGS 407 327 4753 P.02 C.~/~M "".".~ .... ~"" December 26,2003 L .:~ , 9 2D03 C;:'.'~;" . .'::, '~:. ... ~::s ..,:. . .-w.,. Hon. John F. Bush 1126 E. SR 434 Winter Springs, FL 32708 Re: Appeal of a Removal of Trees without Permit Decision RECEIVED DEe 2 9 2003 Dear Commissioner Martinez: c.TY OF WINTER SPRlN~S Cil)' Mana~r We are writing this letter to you because we feef the Code Enforcement Board made an unreasonable and unfair decision at a meeting held on December 16, 2003. The way we handled the matter may have been wrong. but we are inexperienced and safety was our first concem. Below we have tried to set out the circumstances surrounding our appeal, which we hope you will understand and provide a more reasonable outcome: We are semi-retired and have been residents of Winter Springs for 3 years and residents of Florida since 1976. We have always taken pride in our landscaping and how our home and lawn appear. When we moved into our present home, the landscaping was a mess and the grass was a field of weeds. We ended up stripping the lawn and have planted approximately 10 additional trees since then. We have invested approximately $12.000 In our landscaping. Our neighbor, Greg Thompson, who is on the Code Enforcement Board, was present when the occurrence took place and knows what condition our property was in when we bought it and what it is now. Mrs. Kohler became concerned with several trees on our property after 2 trees were blown over during a strong windstorm at the end of July of this year. and the pO$Sible danger that certain other trees could ~use to our home and our neighbors. So, we proceeded and hired a contractor to take the trees down and this was done on October 2, 2003. After they downed the trees and were cutting them up to be hauled away, the Code Enforcement Officer and City Forester came over. I answered the door and they told me that the contractor had cut the trees down without a permit I dealt with the Contractor the same as with other contractors in that he would obtain or do anything necessary to get the job done, including permits. I also mentioned to the Code Enforcement Officer and City Forester that they were trespassing on our property because they did not come up and get permission before they went on the property. I did sign a paper so the City Forester could take action and whatever he needed to do with the contractor's citation after that. Around November 25, 2003, we received a Statement of Violation and Notice of . . .--..-.... t:tearing to appear before the Code.EnfeFe8fflent Meeting scheduled for December .18;- -.--- .... 2003. We attended that meeting and brought along some pictures to try to explain our reasons. Our time was cut short several times. We do not agree with what they came up with. and feel it was unduly harsh. We did not intentionally try to go against any City raws. but we have been under the impression that we own the property and pay taxes DEC-30-2003 09:58 CITY OF WINTER SPRINGS 407 327 4753 P.03 on the property and it is our responsibility to keep up our home. property and maintain a safe surrounding. Without keeping our property safe, the insurance company can refuse payment for any damages incurred because of negligence of the upkeep of the trees. Many of the trees were starting to lean dangerously toward our house and our neighbors and were less than 10 feet from a structure. We have other trees that are Within 10 feet of our home and which we have been maintaining so that we don't have to have them removed because we really want trees on our property and have proven that by planting approximately 10 additional trees. We do not believe it is fair that they issue a citation to the contractor for $100 ($25 per tree) and want us to pay a $3.000 fine because the contractor did not get the permit. It seems like this is being paid twice for the same thing. We think the difference in pricing is very unreasonable. The City Forester said that it probably would have been $25 for the first tree and $10 forthe other 3. How can a tree be worth $25 one minute and $500 the next. plus a $1,000 fine for not obtaining permits, and the Contractor only being fined $100 because he didn't have permit. This is very contradictory. We also have the tape of that hearing where we can verify some of these problems. Also. if we were aware of the laws when we moved here, things would have been dtfferent \ We would like to appeal the decision made and are seeking a more reasonable reduction of the fine. To our knOWledge, the next City Commission Meeting is to be held on January 12, 2004. We have informed the City Forester, Mike Minges that we want to appeal that decision by a message left on his phonemail on December 23, 2003 at approximately 2:00 PM. We invite anyone of you to come by and see for yoursetves, or answer any questions you have. Since lam retired, I am at home and/or you can call 407-388-1767 and our address is 995 Papaya Lane. Winter Springs, Florida 32708. We wouJd appreciate it if we someone could advise us as to how we can resolve this problem, or how it can be put on the agenda for the January 12, 2004 City Commission Meeting. ~~r4 ~~ Paula M. Kohler TOTAL P.03