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
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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
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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
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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
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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
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IMPLEMENTATION SCHEDULE:
ATTACHMENTS:
COMMISSION ACTION:
Immediately upon approval by Commission.