§ 17-10. Penalties, remedies cumulative.

(a)

Fine. Any property that violates this article shall be subject to the following penalties:

(1)

Non-homestead properties. For every tree that has been the subject of tree activity without a tree permit or the subject of tree abuse, a fine of $1,000.00 per tree shall be imposed.

(2)

Homestead properties. For every tree that has been the subject of tree activity without a tree permit or the subject of tree abuse, a fine of $500.00 per tree shall be imposed.

(3)

Said fines are appealable to the code enforcement board pursuant to chapter 2, article X of this Code.

(4)

Any property that has had a previous fine for a violation of this article within the past five years may receive a fine as stated in this section and shall also be automatically referred to the code enforcement board pursuant to chapter 2, article X of this Code and subject to enhanced penalties of $5,000.00 per day per violation pursuant to F.S. § 162.09.

(5)

Nothing in this article shall prohibit the city from enforcing this article by any other means. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this article.

(6)

Hardship exemption. A person who meets either of the following criteria may be able to apply for a waiver, full or partial, of the requirements of this section:

a.

Persons who qualify for the senior citizen exemption pursuant to F.S. § 196.075.

b.

Persons whose total household income is below 80 percent of the AMI of Miami-Dade County as determined by the HUD annually.

(b)

Tree replacement required. The planting of replacement trees shall be required, in addition to the monetary fines assessed pursuant to this article. The number of trees required as replacement for each tree that was removed without a permit is provided in Chart 17.10.2.1, the tree replacement chart, for trees removed without a permit, below. If the total number of trees required as replacement trees cannot be reasonably planted on the subject property, the applicant may contribute to the city's tree trust fund in the amount provided in Chart 17.10.2.1.

CHART 17.10.2.1. TREE REPLACEMENT CHART FOR TREES REMOVED WITHOUT A PERMIT

Diameter (DBH of each tree removed without a permit	Total number of Replacement Trees required (where each Replacement Tree is a minimum of 2" DBH x 6' spread in Canopy x 12' in height)	OR	Total number of Replacement Trees required (where each Replacement Tree is a minimum of 4" DBH x 8' spread in Canopy x 16' in height)	OR	Contribution into Tree Trust Fund
2"—3"	2	or	1	or	$2,000.00
4"—6"	4	or	2	or	$4,000.00
7"—12"	8	or	4	or	$8,000.00
13"—18"	12	or	6	or	$12,000.00
19"—24"	16	or	8	or	$16,000.00
25"—30"	20	or	10	or	$20,000.00
31"—36"	24	or	12	or	$24,000.00
37"—42"	28	or	14	or	$28,000.00
43"—48"	32	or	16	or	$32,000.00
49"—60"	40	or	20	or	$40,000.00

 

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If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the additional inches shall be added cumulatively from the top of the chart, down to the bottom of the chart, to calculate the number of trees required as replacement trees. If the exact DBH cannot be determined for trees removed without a permit, established industry practices shall be used to determine an estimated DBH, as approved by the department.

(c)

High-risk trees. Trees that are high-risk trees, as a result of tree abuse, are subject to the replacement tree requirements of subsection (b). High-risk trees that result from any other reason are not subject to replacement trees.

(d)

Tree viability after project completion. If the department determines that any tree is not viable, alive and growing one year after all associated tree activity on the property is completed, the department shall require that said tree be replaced with the same tree species and size which was originally planted or relocated, as per the approved tree permit.

(e)

Withholding of a new building permit. Any tree activity in violation of this article shall constitute grounds for withholding new building permits directly related to said tree activity until the violation has been corrected, including payment of all fines and planting of all required replacement trees as pursuant to this section.

Alternatively, in order to obtain the new building permit, the person in violation may post a payment and performance bond pursuant to F.S. § 255.05, as amended, naming the city as obligee. The bond shall be in the amount of ten percent of the construction cost or ten percent of the appraised value of the property, if no construction exists. The bond will remain in place until the violation has been corrected, pursuant to this section. In the event a bond is not feasible, the city may accept an irrevocable, unconditional letter of credit, in the previously stated percentages, naming the city as payee.

(f)

Withholding of a certificate of occupancy. The department shall not approve the zoning inspection required for a temporary or final certificate of occupancy until all tree permits have been finalized and violations of this article have been corrected, including the payment of all fines and the planting of all replacement trees required as mitigation, pursuant to this section.

(g)

Remedies cumulative. The remedies provided in this section shall be cumulative to all remedies provided by law and/or equity, and the election of one shall not preclude the other.

(h)

Costs and fees. In the event the city institutes any civil action to enforce the provisions of this article in a court of competent jurisdiction, if the city succeeds as prevailing party, it shall be entitled to recover the fines assessed pursuant to the violation(s), the cost of replacement trees required as mitigation, the costs associated with the investigation and prosecution including reasonable attorney fees, and any equitable and/or legal remedies assigned by the court.

(Ord. No. 13670, § 2, 3-23-17; Ord. No. 13697, § 2, 7-27-17)