122.41(A)(1) The
shall make necessary inspections in connection with the enforcement of this Chapter. The
shall be responsible for promptly stopping any work attempted to be done without or contrary to any
required under this Chapter; and shall further be responsible for ensuring that any work not in accordance with a
is voluntarily corrected to comply with said requirements.
122.41(A)(2) Enforcement authorities. The shall enforce the provisions of this Section.
122.41(A)(3) Individual enforcement. Each violation of this Chapter is deemed a separate and distinct infraction of the
. Each to be protected may be the subject of individual enforcement.
122.41(B) Required actions. The following remedial actions are required for removal, Pruning and
:
122.41(B)(1) In the event a
abuses a
in violation of this Chapter, the
/
shall be responsible to undertake Pruning and other remedial actions that the
determines are reasonably necessary to protect public safety and property, and to help the
survive the
damage.
122.41(B)(2) If the
determines that a specimen or non-specimen
will not survive and/or will not grow in a safe manner (i.e., threatens public safety or property) after the
damage with the aid of remedial Pruning, or the natural habit of growth has been destroyed, the
/
shall remove the abused
and install a replacement
. The diameter inches of the replacement
shall be equal to the diameter inches of the abused
. The
or
shall be the largest available
species in the
of Florida from the Recommended Tree List.
122.41(B)(3) If the
determines that the specimen or non-specimen
damage was equal to or greater than 50% of the
’s canopy, the
shall be removed and replaced. The diameter inches of the replacement
shall be equal to the diameter inches of the abused
. The
or
shall be the largest available
species in the
of Florida from the Recommended
List.
122.41(B)(4) Replacement
shall be installed on site or on public lands if such installation is approved by the
. If no suitable public lands are located or if all replacement
cannot be accommodated
, the
/
shall pay a fee into the Weston
Trust Fund. Each replacement
shall be a species found on the
’s Recommended
List.
122.41(B)(5) Remedial actions, replacement, or donation required under this Section shall be completed within 60 days of notice from the
that such actions are required. The
may require the
to immediately undertake remedial actions in the event the abused
is an immediate threat to the public or property.
122.41(C) After the fact
. In cases where the determines that
and/or relocation is carried out without the necessary permit under the terms and conditions of this Section, the property
shall be required to submit an application for an after-the-fact . The application fee shall be triple the regular application fee. The may grant an after-the-fact and shall require that each destroyed is to be replaced by
of equal or greater equivalent replacement value. Such replacement
shall be located on the subject site wherever practical, or they may be required to be located on on Private or . Such replacement
shall be assured by a cash bond. If the conditions for an after-the-fact are not fulfilled, the case shall be referred to the ’s office for appropriate action under this Section.
122.41(D) Cease and desist order. The shall immediately issue an order to cease and desist any work being carried out in violation of this Chapter or any permit conditions promulgated under this Chapter. Upon notice of such violation, no further work shall take place until appropriate remedial action is instituted, as determined by the enforcement agency.
(Ord. 2010-19, passed 10-4-2010)