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Board continues contentious tree‑removal case for Sixth Street property to July 14 after motion fails

5528369 · May 20, 2025
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Summary

A motion to find Kevin Henshaw in violation for removal of trees without a permit failed to obtain the required four votes; the board later voted to continue the matter to July 14, 2025, directing staff and the respondent to exchange documentation.

The City of Clermont Code Enforcement Board considered a long, contested case about tree removal at 1620 Fifth Street involving respondent Kevin Henshaw. Staff alleged approximately 45% of the lot’s trees had been removed without the required permit and recommended the respondent apply for a tree removal permit and face a $150 per day fine after June 19, 2025 if noncompliant.

Board members and the respondent disputed elements of the record, including which trees were removed, whether they were “preferred” (requiring permits) or non‑preferred (exempt), and whether the city had sufficient evidence (stumps, contractor invoices, or arborist reports) to prove the violation. Staff acknowledged it is not staffed as arborists and that some evidence had been removed from the site, complicating species identification.

A motion to find a violation and set a fine failed for lack of the four votes required for a 7‑member board. After discussion, the board voted to continue the case to the July 14, 2025 meeting to allow the respondent to provide contractor/arborist documentation and for staff to re‑inspect and clarify whether permits were required. If the board later finds a violation, staff recommended a $150 per day fine beginning June 19, 2025; the board discussed, but did not impose, that fine at the May 19 meeting.