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 Winter Garden
 Code of Ordinances
 Chapter 114. VEGETATION
 Article III. TREES

  § 114-64. Penalty for violation.  

Latest version.

  • (a)

    If a tree not authorized for removal is removed, altered or damaged such that its susceptibility to disease or other detrimental environmental factors is significantly increased which may result in premature death, the person causing such removal, alteration, damage or premature death shall pay to the city $25.00 per diameter inch (DBH) of each such tree. In addition, where violations of this article have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official. The restoration plan may require tree replacement at not more than a 4:1 ratio and require mitigation of any other damage to the property, as well as tree replacements.

    (b)

    No certificate of occupancy shall be issued for any development until all applicable permit or restoration plan conditions have been accomplished.

    (c)

    Trees destroyed or receiving major damage in violation of section 114-72 must be replaced by either a comparable size and type tree or a minimum ten-foot-tall tree from the recommended stock list, at a 4:1 ratio, before a certificate of completion or certificate of occupancy is issued.

    (d)

    Failure to comply with required remedial action shall be referred to the city commission.

    (e)

    Any violation of this article shall render the person causing or permitting the violation as well as the property owner subject to the penalties in this section, including the following to be determined by the city commission:

    (1)

    A fine of up to but not exceeding $25,000.00. In assessing the fine the city commission shall consider, among other things, the size, age and health and amount of trees damaged or removed.

    (2)

    Cancellation of all building permits and site plan approvals until payment of all fines and completion of all restoration work. After payment of all fines and completion, to comply with prior approval or issuance of any new permits, new plans will be required.

    (3)

    Payment of attorney's fees and costs incurred by the city in enforcement of this article regarding such violation.

(Code 1988, § 12.5-44)