§ 5.01.05. After-the-fact permits.

A.

Any person who shall remove a tree without first having applied for and received a permit therefore as required by section 5.01.01B. of these Land Development Regulations, shall within thirty (30) days after notice by the building official, apply for and obtain an after-the-fact permit for each tree removed. The fee for each after the fact permit shall be five hundred dollars ($500.00) for the first occurrence by the property owner and/or contractor, one thousand dollars($1,000.00) for the second separate occurrence by the property owner and/or contractor and two thousand dollars ($2,000.00) for third and all future separate occurrences by the property owner and/or contractor to off-set the cost to the city of investigation and enforcement of the city's ordinances relating to tree removal and landscaping plus the appropriate fee in lieu of replacement in section 5.01.03.A. Failure to obtain a permit within thirty (30) days after service of notice, unless stayed as hereafter provided, shall constitute a continuing violation of this section and shall subject the violator to a fine of up to two hundred fifty dollars ($250.00) for the first day and five hundred dollars ($500.00) for each day thereafter, to be levied by the local code enforcement board as authorized by general law. The determination by the building official that a tree has been removed without a permit may be appealed to the comprehensive planning and zoning board within thirty (30) days after service of the notice.

B.

Notice of the requirement to obtain an after-the-fact permit shall be given by the building official to the owner of the property upon which the removed tree shall have been located as shown by the most recent tax rolls of St. Johns County by had delivery or by certified mail addressed to the owner at the address as shown by such tax rolls. In the event that removal of the tree shall appear to have been done in conjunction with the construction of an improvement for which a building permit has been issued, such notice may be given by certified mail to the owner as shown by the building permit or notice of commencement.

C.

An appeal taken within thirty (30) days of the service of the notice given by the building official shall stay the requirements of obtaining an after-the-fact permit until there has been a final determination of the comprehensive planning and zoning board. The planning and zoning board shall only have authority to determine if the after-the-fact permit is required pursuant to the provisions of this section. In the event the comprehensive planning and zoning board shall determine that a permit is required, it may, upon a showing of good cause, make a recommendation to the city commission that the fee for the after-the-fact permit be reduced. The granting of a reduction of the fee for the after-the-fact permit by the city commission shall be a matter of legislative grace by the city commission and not as a matter of right.

D.

The issuance of an after-the-fact permit, as herein required, shall not relieve the owner of the property upon which a removed tree shall have been located from the requirement of replacement or compliance with the landscaping provisions of these Land Development Regulations.

(Ord. No. 02-07, § 1, 7-1-02; Ord. No. 08-07, § 5, 5-5-08; Ord. No. 11-14, § 5, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)