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Vero Beach board gives 30 days for after-the-fact tree permit or faces $40,992 fine in Matthews case
Summary
The board found a violation for removal of a mature live oak, ordered either an after-the-fact permit including replacement and mitigation (not to exceed $10,000 plus enforcement costs) within 30 days, or imposition of a $40,992.50 tree-removal fine and costs.
The Vero Beach Code Enforcement Board found a violation for removal of a protected live oak and directed the violator to submit an after-the-fact permit incorporating replacement and mitigation within 30 days, or be subject to a tree-removal fine of $40,992.50 plus enforcement costs.
Planning staff described the city's mitigation approach for after-the-fact tree permits and explained the options under the tree protection code, including planting on-site or paying into the mitigation fund. Planning Director Jason Jeffries summarized the city's expected remedies and noted that replacement on-site may not be practical in every case: "The purpose of the tree mitigation the tree protection ordinance is the maintenance of the trees on-site. I don't want this to start a precedent that somebody can just cut down a tree..." Jeffries also noted parks and mitigation funds are available for off-site planting where necessary.
The property representative, Nathan Malone, described ongoing settlement discussions with city staff and said he had made a counteroffer and awaited a response: "We've had some settlement discussions. It took a week after I heard from mister Jeffries ... I submitted another counter offer and I've heard nothing in the days since that."
Board members debated whether to set a monetary cap for a negotiated mitigation agreement or to require full payment of the assessed tree-removal fine. One board member suggested giving 30 days to submit an after-the-fact permit and otherwise require payment of the full assessed civil penalty; another recommended allowing up to $10,000 for mitigation plus a 10-inch oak tree on site or in a city park and enforcement costs as an alternative to the full fine.
The board voted to find a violation exists and issued an order requiring submission of an after-the-fact permit for tree replacement on the property that includes mitigation not to exceed $10,000 plus enforcement costs within 30 days from the date of the board order. The order states that, if the condition is not corrected, the violator will be subject to the tree-removal fine of $40,990.50 (transcript references $40,992.50 and $40,990.50 in successive statements) plus costs. The motion passed on an affirmative vote.
