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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