1680 Jordan Street (Tree Letter) 03.21.2007 signedCity of Atlantic Beach
v
March 21, 2007
Ms. Cynthia Doctor
1680 Jordan Street
Atlantic Beach, FL 32233
Dear Ms. Doctor
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5800
FAX (904) 247-5805
www.coab.us
I have made several unsuccessful attempts to contact you by phone over the last couple of weeks. I
have recently taken over Rick Carpet's position as the Citys liaison to the Tree Conservation Board
and I wanted to discuss your efforts to replace the trees removed from the City right-of-way in front of
your home last October.
From discussions with Mr. Carper and members of the Tree Conservation Board, it is my
understanding that you first appeared before the Board on November 8, 2006, as a result of the
removal of three oaks totaling 46". 1 was told that someone riding a bicycle through your neighborhood
offered the tree cutting services, and that you were unaware of the existing tree protection ordinance
and thus gave approval. According to the minutes from the November and December Tree Board
meetings, you were given a copy of the tree ordinance and given directions as to how you might
replace the removed trees. Additionally, member Carole Varney offered assistance in choosing and
placing trees. Unfortunately, Ms. Varney broke her hip and was not readily available through the
holidays. However, she did report at the February 28, 2007 meeting that you had left a message
stating that you had obtained and planted several new trees. Ms. Varney asked if I would contact you
to find out what kind of trees they were, how big they were and whether the organizations from which
you got the trees had provided information on caring for the trees, in order to ensure their survival.
At the March 14, 2007 meeting, I reported to the Tree Board that I had been unable to contact you.
Members or the board expressed concem over your ability to either replace the appropriate number of
inches of Oaks on your small lot or pay the alternative $5,382.00 into the Tree Fund. Members
discussed various means by which you might obtain lows t replacement trees (such as contacting
local nurseries and garden departments) and/or raise funds (church, workplace). However, while the
members of the Tree Conservation Board are sympathetic to your situation, it is ultimately your
responsibility to either pay for or replace the removed trees.
It has been nearly six months since the trees were removed, and the lack of communication from you
leads the Tree Board to assume that you do not intend to meet your obligations. Thus, I have been
directed to inform you of the consequences. Should you make no further efforts to replace the 46" of
Oaks that were removed from the public right-of-way in front of your home or pay the equivalent dollar
amount ($5,382.00, or $117/inch) into the Tree Fund, you will be considered in violation of Article 11,
Tree Protection, of Chapter 23, Vegetation of the City of Atlantic Beach Ordinances. As stated in
Section 23-17(g):
(5) Violation and penalties. A person who violates any provision of this section, and fails to
correct the violation as provided herein, shall, upon conviction thereof, be guilty of a violation of
this article and punished accordingly. A separate offense shall be deemed to have been
committed for each tree removed, damaged, or destroyed contrary to the provisions of this
article.
1680 Jordan Sireer
March 19, 2007
Pagel oft
(6) Judicial remedy. In addition to other remedies and notwithstanding the existence of an
adequate remedy at law, the city may seek injunctive relief in civil court to enforce the
provisions of this section. The city shall be entitled to reasonable attorneys fees and costs,
including appellate fees and costs in an action where the city is successful in obtaining
affirmative relief.
If you are unable to pay fines levied against you, a lien might be placed on your home or your wages
might be garnered. Thus, it is very important for you to contact either me or any member of the Tree
Conservation Board as soon as possible to discuss the status of this case.
Sincerely,
Erika Hall
Planner/Tree Board Liaison