715 Seminole Road APP19-0002 Certified Lettern A 1 MANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
7018 2290 0001 0116 7735 / 7018 2290 0001 0116 7742
3/18/2019
ATL
BABUR
INOLE RD
SIC BEACH, FL 32233
LUCA5 TREE SERVICE
205 EDGAR STREET SUITE 11
ATLANTIC BEACH, FL 32233
Real Estate Number: 170404 0000 Case Number: 19-056
Location of Violation: 715 SEMINOLE RD, 1046 16 -2S -29E, SALTAIR SEC 3, LOT 95, AND
Howell Park 1046 16 -2S -29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94 Atlantic Beach,
Florida
Dear Babur Bhatti and Lucas Tree Service:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations
governing construction activities and also maintenance standards for property within the City. These
standards are set forth in the International Property Maintenance Code and the Florida Building Code
and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-
16.
A code enforcement inspection at 715 SEMINOLE RD was conducted on 2/28/2019. The City of
Atlantic Beach Code Enforcement found the following:
NATURE OF VIOLATION: Between February 25, 20 i 9 and February 28, 2019 Lucas Tree Services
was contracted to trim and remove trees at 715 Seminole Rd. Three of the trees that were removed, one
(1) 10 -inch palm tree and two (2) 20 -inch pine trees, were located on City property and were part of
Howell Park. Section 2331 of the Atlantic Beach Code of Ordinances requires the City's permission
and issuance of a permit prior to removing any tree on city property. No permit was issued for the
removal of these three trees in Howell Park.
These actions constitute violations of the following City of Atlantic Beach Code of Ordinances:
1. VIOLATION CODE: Sec. 23-3 1. (b) Pruning
or removal of city trees. it shall be unlawful to
trim, prune, or remove any tree which is within the city's rights -of --way or upon any other city
Property without the permission of the city as evidenped by the appropriate permit.
2. VIOLATION CODE: Sec. 23-23. Permits procedures. (a) (3) After -the -fact permits. Any
person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a
permit will be required to apply for and obtain an after -the -fact permit, and meet mitigation
requirements as assessed.
3. VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated
trees or regulated vegetation removed in violation of this chapter shall require an after -the -fact
permit, the fee for which shall be two (2) times the normal established application fee specified
in section 23-26. In addition, as a condition of the permit, the applicant shall immediately
complete all remedial work as necessary to stabilize the site and mitigate all damage to the site
and'adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed
at two (2) times the normal established rate of mitigation specified in section 23-33.
4. VIOLATION CODE: Sec. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In
general, mitigation shall be assessed according to the ratios given in the following table, such
that the number of inches required to be replaced, relocated or preserved (first number) are
proportional to the number the inches removed (second number): TABLE 1. STANDARD
MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, (CLASSIFICATION OF
REGULATED TREE): Private parcels - 1:2 (Protected) 1:1 (Heritage), Public parcels - 1:1
(Protected) 2:1 (Heritage), Public rights-of4ay, easements, etc.- 1:1 (Protected) 3:1 (Heritage),
Environmentally sensitive areas - 2:1 (Protected) 3:1 (Heritage).
(c) General conditions. Mitigation shall be in the form of preservation of existing trees,
relocation of existing trees that would otherwise be removed, or replacement with new trees, and
shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final
approval, whichever time is shorter, unless a greater period is provided for good cause by the
permit. The applicant assumes all duties and costs associated with mitigation.
ACTION TO REMEDY: According to our calculations, a total of 50 inches in tree caliper were
removed from Howell Park. In accordance with Section 23-23, an after4he4act permit must be
applied for and mitigation requirements must be met. Please submit your tree permit application
to the City of Atlantic Beach within 20 days from date of receipt of this notice. Your options to
obtain compliance with this violation are outlined below:
® -Tree planting —application to replant a total of one hundred fl till'
inches in tree
diameter caliper. Planted legacy trees receive double credit. (Bald Cypress,
Southern and Easter Red Cedars, Winged and Florida Elms; Live and Sand Live
Oaks; Hickory; Pecan, Pignut Hickory; Loblolly Bay; Southern and Sweetbay
Magnolias; Red and Florida Maples; and Tupelo); or
® Tree Fund Payment —appli
cation for payment into the City of Atlantic Beach Tree
Fund in the amount of $14,800.
Should you disagree with the calculations noted above, you may.
+ Appeal Calculations to Tree Subcommittee - The above figures were calculated
using fifty (50) inches of tree caliper. You may file a written appeal to these
calculations to the Tree Subcommittee; or
• Waiver for relief — You may apply for a waiver from the provisions of Chapter 23 to
the City Commission. For consideration, you must demonstrate that compliance
with these provisions would be unreasonable, in conflict with public interest, or a
practical impossibility. The City Commission may approve the waiver upon showing
good cause, and upon evidence that an alternative to the specific provision of this
chapter can be provided, which conforms to the general intent and spirit of Chapter
23.
If you have any questions or would like to discuss your options fiarther, please contact Brian
Broedell, Planner at 904-247-5822 or bbroedell@coalims.
Thank you for your cooperation in this matter. Failure to take one of the actions noted above by the
required date may result in this case being referred to the Special Magistrate resulting in fines up to two
hundred fifty dollars ($250.00) per day, per tree.
I, Kai ti Za 2a , hereby sweat and affirm that the above statement is true
and accur
Sincerely,
Angela Irizarry
CODE ENFORCEMENT