§ 54-591. Compliance and enforcement.

Sarasota County has the authority to enforce any permit or stipulation, as well as any provisions of this article per Chapter 2, Article VIII, of the Sarasota County Code of Ordinances and per provisions of the F.S. ch. 162.

(1)

Civil and Administrative.

(a)

The Administrator may withhold issuance of a permit or deny an application or other authorization if there is an existing unresolved violation of the Sarasota County Code of Ordinances on the subject property.

(b)

The Administrator will issue a stop work order when it has been determined that work at the site:

1.

Is proceeding in violation of this article, a Permit or other authorization issued hereunder or proceeding without any required authorization; or

2.

Poses an imminent and significant hazard to the public health, safety, or welfare, or to the environment.

(c)

The County may issue an after-the-fact authorization to correct a violation when the following has been determined:

1.

The activities can meet all of the standards in this article at the time the Tree(s) was (were) removed.

2.

The activities can be authorized without approval by the Board.

(2)

Enforcement and Penalties.

(a)

A violation of any provision of this article shall be processed according to Chapter II, Article VIII, of the Sarasota County Code of Ordinances and per provisions of the F.S. ch. 162. Each day of any such violation shall constitute a separate and distinct offense.

(b)

The Administrator may require corrective actions through a consent decree, including, but not limited to, restoration of any native habitats impacted as a result of the violation activities. The Administrator may also require monitoring in accordance with the standards established within the Land Development Regulations. If a compliance case ends up in a court of competent jurisdiction, the Administrator may require the violator to pay attorneys' fees.

(c)

Tree Removal or Irreparable Injury Violations on Private Property. The Administrator may require a violator to mitigate any Tree removed or Irreparably Injured without authorization by either of the following alternatives:

1.

Replanting a Tree of twice the size and type on the property. The Applicant may choose to mitigate the violation by replanting the same type Trees with three-inch diameter or greater, in a sufficient number such that the total number of DBH inches of the replanted Trees equals twice the total number of DBH inches of Trees removed or Irreparably Injured without authorization. Trees shall be Florida #1 or better quality as per Grades and Standards for Nursery Plants (Florida Department of Agriculture and Consumer Services).

a.

In lieu of replanting, or combination thereof, the Applicant may choose to mitigate the violation by paying a mitigation fee of $200.00 per diameter inch of the Trees removed or Irreparably Injured without authorization.

2.

Any Grand Tree removed or Irreparably Injured in violation of this article or any Tree Permit issued hereunder shall be mitigated by paying a fee equal to $500.00 per DBH.

(d)

Tree Pruning Violations. Any Tree Pruned inconsistent with the requirements of Section 54-588 shall be mitigated by a fine not to exceed $500.00.

(e)

Violations in Rights-of-Way and other Public Places. Any Tree removed or any action which causes the removal or death of a Tree in violation of the provisions of this article, or any Tree Permit issued thereunder, may be mitigated by paying a fee of $200.00 per diameter inch of the Tree(s) removed.

(f)

Administrative costs, fees and penalties collected as part of enforcement of this article shall be placed in the County's reforestation special revenue fund, as established in Resolution No. 95-031. This fund shall be used only for the purposes of acquiring, planting, and protecting Trees within the County. A maximum often percent may be used to recover costs of administration and enforcement of this article. Any mitigation fee imposed by a hearing officer or Special Master shall be deposited into the reforestation special revenue fund. The Fund shall be kept and maintained by the Clerk of the Board.

(g)

In the event that a violator engages in a Tree Removal without a Tree Permit and thereafter clears the land of stumps, the County's calculation of the number of trees removed and estimation of DBH for those trees through aerial photography and other evidence is entitled to a rebuttable presumption of correctness due to spoliation of the evidence of removal.

(3)

Disbursement of Reforestation Special Revenue Funds.

(a)

The County Administrator or designee shall have the authority to disburse funds for projects in accordance with the following criteria:

1.

Projects shall involve plantings on publicly owned land.

2.

Projects shall not be used to satisfy any landscaping required per the Zoning Regulations (Appendix A of the Sarasota County Code of Ordinances).

3.

Projects may include enhancement or restoration of native habitats, not required through permitting or regulation.

(4)

Enforcement of Code by other means. A violation of any of the provisions of this article or of any regulations adopted or Tree Permit Stipulations approved pursuant to this article shall be punishable in the same manner as a misdemeanor as provided by law.

(5)

Responsible parties.

(a)

The property owner, contractor, service provider retained by the Applicant, or their representative, to conduct work covered by this article are jointly responsible for any activities authorized pursuant to this article.

(b)

Prior to receiving the Tree Permit, the property owner(s) and the contractor conducting the work must submit a signed form provided by the County attesting that the County permit has been received and all conditions or stipulations are acceptable.

1.

Failure to sign the form will terminate the Tree Permit and may require reapplication.

2.

The property owner(s), contractor, or service provider, or Applicant, may decline to accept the permit by notifying the County in writing within 14 days of the County approval.

(c)

Once work commences, all conditions or stipulations provided with the County approved Tree Permit shall apply and shall be enforceable. Failure to adhere to these conditions or stipulations may be cause for the posting of a stop work order on site, revocation of the County approval, and/or code enforcement pursuant to this article.

(d)

For activities that are performed without the appropriate authorization, or are performed in a manner that is inconsistent with the authorized plans and/or stipulations of the permit, the Administrator reserves the right to report the action to the appropriate contractor licensing board.

(Ord. No. 2011-023, § 11, 5-25-2011; Ord. No. 2014-080, § 2, 11-5-2014)