§ 62-4336. Penalties and remedies.

(1)

General penalties. Unless permitted through an after-the-fact permit, violations of this division shall be punished pursuant to section 62-5 and section 1-7, Brevard County Code, as amended. Violations of this division are considered irreparable and irreversible in nature.

(2)

Special provisions.

a.

Each quarter acre, or fraction thereof, of land clearing in violation of this division shall constitute a separate violation.

b.

Additionally, if protected trees are cut down on or removed from the site, each tree shall constitute a separate violation.

c.

The board of county commissioners may establish a schedule of fines to be assessed pursuant to section 2-176 by resolution.

d.

The board of county commissioners may establish by resolution both mitigating and aggravating factors to be considered in assessment of a fine imposed pursuant to section 2-176, Brevard County Code.

(3)

Additional remedies. In addition to any fines imposed one or more of the following remedies shall apply:

a.

Properties that are in violation of this division shall not have permits approved nor certificate of occupancy or completion issued pursuant to this division until the violation has been resolved to the satisfaction of the county.

b.

For projects with valid active development order or other land clearing authorization granted under this division, the director may issue a stop-work order immediately on verification of the violation by the county. Work being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the director shall not be required to give a written notice prior to stopping the work. A property owner may appeal a stop work order by requesting a special magistrate hearing in writing and filed within 30 calendar days after the decision is rendered by the director. Appeals shall be in a form acceptable to the director.

c.

Restoration, replacement, and/or mitigation shall be required for all violations. The director shall be responsible for reviewing and approving all restoration plans. All restoration plans shall be prepared by a recognized knowledgeable person and shall meet the requirements of an alternative landscape enhancement plan as outlined in subsections 62-4345(2) and (3). Restoration plans shall be submitted with fee as approved by board resolution. Landscape maintenance and/or performance bonds may be required with restoration plans pursuant to sections 62-4341(17) and 62-4343.

d.

All fines shall be deposited in an arbor trust fund. Fines collected shall be dedicated to fulfill the purposes of this section.

e.

Funds collected from fines prior to the enactment of this ordinance that have not been committed shall be allocated to the arbor trust fund.

(Ord. No. 06-55, § 8, 10-24-06; Ord. No. 08-01, § 6, 1-8-08; Ord. No. 09-24, § 3, 9-15-09)