Sec. 656.1208. - Enforcement of this Subpart B; violations and penalties; stopping work, correction of violation, settlement and reduction of fines pursuant to Policy criteria; procedures.

Removal of trees without a permit, or more trees than permitted, is a violation of this Subpart and shall be corrected. (a) Notice of violations. Whenever the Chief has evidence that a violation of any provision of this Subpart has been or is being committed, he or she shall issue a written Notice of Violation to all persons responsible for the violation, which may include, but not be limited to, the property owner, permit holder, and contractor (if known and if different person(s) or entities) by personal service or certified mail or, if these forms of service are ineffective, by posting a copy in a conspicuous place on the premises where the violation has occurred or is occurring. The notice shall describe the violation and specify the manner that the violation shall be corrected within 90 days from the date of the Notice of Violation, which may be extended by the Chief for good cause. (b) Stop Work Order. Whenever, in the opinion of the Chief, by reason of a violation of any provision of this Subpart, the continuance of work is contrary to the public welfare or will make it more difficult to discern the diameter breast height ("DBH") inches of protected tree removed, the Chief shall order, in writing, all further work on the development site, including but not limited to clearing, grubbing, grading, and cleaning up to be stopped and may require suspension of all work on the site until the violation is corrected. (c) Correction of violation when DBH inches removed is determinable. A violation of this Subpart, when the DBH inches illegally removed is determinable shall be corrected within 90 calendar days from the date of the Notice of Violation. A fine shall be assessed, and the corrective action determined by the Chief of Development Services ("Assessment of Fine and Corrective Action"). Correction of the violation shall include: (1) payment of a fine; and (2) mitigation for the trees removed by planting replacement trees on the site. Fines may be reduced pursuant to subsection (f) (Settlement and Reduction of Fines and Corrective Action for violations when DBH inches removed is determinable, pursuant to Policy criteria), below. Fines are separate from mitigation payments. (1) Calculation of the fine. The fine shall include: (i) Payment of double the permit fee that would have been required had a permit been lawfully obtained prior to commencing work. See Section 320.409 (a)(15). This portion of the fine is payable to the segregated trust account of the City, pursuant to Section 320.409 , Ordinance Code. (ii) Payment into the Tree Protection and Related Expenses Trust Fund ("Tree Fund"), Section 111.760 , Ordinance Code. This portion of the fine shall be deposited into the account or fund into which mitigation payments are made for Ordinance Code compliance pursuant to subsection 656.1206 (g)(14), and calculated as follows: (A) For the first violation of the property owner, permit holder or contractor, a monetary amount shall be paid for the DBH inches removed, pursuant to the formula described in Section 656.1206 (g). If space is available on the site, and if approved by the Department, replacement trees may be planted in lieu of payment. (B) For each subsequent violation by the property owner, permit holder, or contractor, the fine amount shall be twice the required amount for the DBH inches removed, pursuant to the formula described in Section 656.1206 (g). If space is available on the site, and if approved by the Department, replacement trees may be planted in lieu of payment. (C) In the event the contractor responsible for the tree removal in violation of this Subpart is different than the property owner, in addition to the fines listed in subsection (1), above, the contractor shall also be subject to a civil penalty of $1,000 for the first violation, $2,000 for the second violation, and $3,000 for every subsequent violation. Each parcel where the contractor conducts site clearing work without a permit shall be considered a separate violation. (2) Calculation of the Mitigation. (i) Correction of the violation also requires replacement of the trees illegally removed by the planting of new trees, credit trees, and/or transplanted trees ("Replacement Trees") as required and calculated by Section 656.1206 (g), as mitigation. (ii) Prior to planting the Replacement Trees, the property owner shall submit a tree replanting plan to the Chief showing how the damage caused to the site by the violation will be mitigated. The replanting plan shall be subject to the review and approval of the Chief and the trees installed within the time limit stated on the Assessment of Fine and Corrective Action. Replacement Trees shall meet the requirements of Section 656.1206 (Permit procedure and criteria for tree removal, relocation and replacement of protected trees) and the plan shall meet the requirements of Section 656.1217 (Landscape and Irrigation system plans required). (iii) If it is found by the Chief that it is impossible to replace any required trees on the site, the Chief may allow a payment into the Tree Fund for the required trees not replaced, so long as the criteria in subsection 656.1206 (e) are also met ("Mitigation Payment"). (3) Correction of violation when DBH inches not determinable ("Clearcutting"). If the site has been cleared and the trees have been removed from the site so that the Chief is unable to determine with reasonable certainty the number of protected trees removed in violation of this Subpart, the violation shall be corrected by making a contribution to the Tree Protection and Related Expenses Trust Fund equal to $50,000 per acre, or fraction thereof per each acre, of land cleared (the "Clearcutting Contribution Amount" or "Contribution"). The Clearcutting Contribution Amount shall be assessed by the Chief and when collected, shall be deposited into the account or fund into which mitigation payments are made for Ordinance Code compliance pursuant to subsection 656.1206 (g)(14). In the event the Chief assesses such a Clearcutting Contribution Amount, the Chief shall provide the following information in the Notice of Violation, pursuant to subsection (a), to the property owner, permit holder and/or contractor: the amount of acres presumed to be impacted by the site clearing without a permit, the total Clearcutting Contribution Amount assessed, and any other information or documents the Chief relied upon to calculate the Contribution ("preliminary assessment of Clearcutting Contribution Amount"). The property owner, permit holder and contractor shall have the ability to appeal the preliminary assessment of Clearcutting Contribution Amount as follows: (i) The property owner, permit holder and contractor have the burden of proving, through competent and substantial evidence that the preliminary assessment of Clearcutting Contribution Amount should be reduced. The property owner, permit holder and contractor shall have 30 days from the receipt of the Notice of Violation to dispute the preliminary assessment of Contribution ("Notice of Dispute of Clearcutting Contribution Amount" or "Notice of Dispute"). The Notice of Dispute of Clearcutting Contribution Amount shall be in writing and sent to the Chief via electronic mail and by either hand delivery or certified mail, and contain the following information (if applicable): competent and substantial evidence of the species of trees removed, the total DBH inches removed, the application of any exception or exemption to the trees removed as provided for in this Part, and any other relevant information used to dispute the preliminary assessment of the Clearcutting Contribution Amount. All evidence relied upon to support the dispute, including expert analysis and geographical data, shall also be provided in the Notice of Dispute. (ii) The Chief shall have 30 days to respond to the Notice of Dispute. The response shall be in writing and shall be sent to the property owner, or his agent, permit holder and contractor via electronic mail and either hand delivery or certified mail, and shall provide the "Final Assessment of Clearcutting Contribution Amount" based on one of the following determinations: (A) The Chief rejects the basis for the Notice of Dispute and applies the preliminary assessment of Clearcutting Contribution Amount as the Final Assessment of Clearcutting Contribution Amount. This decision is appealable to the Tree Commission, not based upon the Policy outlined in subsection (g), below, but rather competent, substantial evidence brought forward by the alleged violator about the actual amount of protected tree DBH inches removed without a permit. (B) The Chief accepts all or a portion of the Notice of Dispute and adjusts the preliminary assessment of the Clearcutting Contribution Amount, an explanation of the adjustment shall be provided. (C) If the Chief accepts all or a portion of the Notice of Dispute, based on the finding that there was a certain amount of protected tree DBH inches removed without a permit, a fine shall be assessed. The minimum fine shall be $5,000 for each acre plus a fine of twice the monetary amount required for those protected DBH inches that were determined by the Chief to have been removed and are required to be replaced pursuant to the formula described in Section 656.1206 (g). (iii) The property owner may appeal the Final Assessment of Clearcutting Contribution Amount to the Tree Commission pursuant to the provisions of this Section and Section 94.106 , Ordinance Code. This appeal is separate from the appeal available regarding the decision of the Director on the Request to Reduce Fines pursuant to subsection (g), below, but like that appeal, the decision of the Tree Commission shall be deemed the final action of the City and shall be subjected to no further appeal. (iv) In the event the property owner, permit holder or contractor does not dispute the preliminary assessment of Clearcutting Contribution Amount within the 30 days as provided for in subparagraph (3), above, the preliminary assessment of Clearcutting Contribution Amount shall be the Final Assessment of Clearcutting Contribution Amount and shall be deemed the final action of the City and shall be subjected to no further appeal. (d) Final Action for Assessment of Fine and Corrective Action . In the event the property owner, permit holder or contractor does not dispute the Assessment of Fine and Corrective Action within 30 days as provided for in subsection (g) below (Settlement and Reduction of Assessment of Fines and Corrective Action pursuant to Policy criteria), the Assessment of Fine and Corrective Action shall be the final action of the City and subjected to no further appeal. (e) Payment of Fine. The Final Assessment of Clearcutting Contribution Amount and the Assessment of Fine and Corrective Action imposed pursuant to this subsection shall be payable to the Tax Collector within seven days after the non-appealable Final Order is issued or the date the Final Assessment of Clearcutting Contribution Amount or Fine and Corrective Action becomes a Final Order as outlined above. All amounts received by the City pursuant to this Subpart shall be deposited into the Ordinance Code fund of the Tree Protection and Related Expenses Trust Fund established under Section 111.760 , except that the Development Services Division shall receive up to $1,000 per acre for the enforcement of this subsection and other than the permit fee described in subsection 656.1208 (c)(1)(A). No work shall continue on the site, and no further permits approved, until, as determined by the Director, one or a combination of the following occurs: (1) The tree replanting plan has been approved, (2) The Replacement Trees have been planted, (3) The fine has been collected, or (4) The Clearcutting Contribution Amount has been collected. (f) Settlement and Reduction of Assessment of Fines and Corrective Action for violations when DBH inches removed is determinable, pursuant to Policy criteria . The Director is authorized to review and approve written requests by an affected property owner, permit holder or contractor for settlement and reduction of fines ("Request to Reduce Fines") calculated and imposed by the Chief as stated in the Notice of Violation. Only the fines may be reduced, not the required amount of Replacement Trees, or their monetary equivalent. The Director shall make the determination on whether to settle fines for less than face value of the Notice of Violation upon the submission of a Request to Reduce Fines. Approval of a Request to Reduce Fines shall be based on the policy outlined in subsection 656.1208 (g)(2), below (the "Policy"). The Policy shall remain in effect unless and until revised by the Council. (g) Procedure to request that a fine imposed pursuant to subsection 656.1208 (c) be settled and reduced ("Request to Reduce Fines"); conditions and criteria. (1) The owner of real property against which a fine has been imposed by the Chief pursuant to Section 656.1208 (c) (Correction of violation when DBH inches removed is determinable) may apply to the Planning and Development Department, through the Development Services Division, for a settlement and reduction of a fine with less than full payment thereof within 30 days of issuance of the Assessment of Fine and Corrective Action. The Chief of Development Services Division is authorized to establish the forms and procedures necessary for an application to be considered. No such application shall be forwarded to the Director for consideration hereunder until the applicant has paid in full all ad valorem property taxes, special assessments, city utility charges and other government-imposed liens against the subject property. (2) The Policy. The Director shall utilize the following criteria in making all determinations whether to approve or deny a Request to Reduce Fines imposed pursuant to subsection 656.1208 (c). The determinations shall be in writing and shall explain why the actions of the purported violator either meet or do not meet these criteria. As a threshold issue, the Director shall determine whether evidence exists that the failure to adhere to this Part 12 was intentional. If the Director determines that the failure to adhere to this Part 12 is intentional, then the Request to Reduce Fines shall be denied. If the Director determines that the failure to adhere to this part 12 was an honest mistake or unintentional, the following criteria shall be applied on a percentage basis to reduce the fine. This metric is designed so that the adjusted fine will never be less than ten percent of the original fine. (i) Violator's knowledge of the requirements of Subpart B of the Landscape Code. (A) Five percent reduction if the violation was caused at least five years ago by a previous owner without the knowledge of the current owner; or (B) Ten percent reduction if the violation was caused by an owner, permit holder or contractor with no previous experience with City permitting or the Landscape Code. (ii) Status of Permit. (A) If Civil Plans required for the development: (1) Zero percent reduction if no record of permit or discussions with permittee; (2) Five percent reduction if Civil Plans submitted, but not reviewed; (3) Ten percent reduction if Civil Plans approved, but no site work permit application submitted; (4) Fifteen percent reduction if Civil Plans approved but site work permit still under review; or (5) Twenty percent reduction if Civil Plans approved and site work permit approved but pending payment. (B) If Civil Plans are not required for the development: (1) Zero percent reduction if no record of permit or discussions with permittee; (2) Five percent reduction if site work permit application submitted and returned for corrections; (3) Ten percent reduction if site work permit application in review, but not approved; (4) Fifteen percent reduction if site work permit application revised and resubmitted, but not approved; or (5) Twenty percent reduction if permit was reviewed and approved, but is pending payment by permittee. (iii) Amount of tree canopy lost in DBH inches per acre without a permit. (A) Zero percent reduction if greater than 1,200 DBH inches; (B) Five percent reduction if 865 to 1,200 DBH inches; (C) Ten percent if 289 to 864 DBH inches; (D) Fifteen percent if 24 to 288 DBH inches; or (E) Twenty percent reduction if less than 24 DBH inches removed. (iv) Violator's cooperation to provide information and willingness to resolve the issue. (A) Zero percent if the Owner did not offer any assistance in the investigation; (B) Ten percent if the Owner was moderately cooperative in the investigation; (C) Twenty percent if the Owner was fully cooperative with the investigation. (v) Comparison of the fine to the assessed property value. (A) Zero percent if 0 to 20 percent of property value; (B) Five percent if 21 to 40 percent of property value; (C) Ten percent if 41 to 60 percent of property value; (D) Fifteen percent if 61 to 80 percent of property value; or (E) Twenty percent if over 81 percent of property value. (3) Any fine, or reduced fine, imposed pursuant to this Section shall be paid into the Tree Protection and Related Expenses Trust Fund ( Section 111.760 ) and shall be deposited into the account or fund into which mitigation payments are also made for Ordinance Code compliance pursuant to subsection 656.1206 (g)(14). (h) Appeal to the Jacksonville Tree Commission. Any violator may appeal a decision by the Director on a Request to Reduce Fines, or a decision of the Chief regarding the Final Assessment of Clearcutting Contribution Amount to the Jacksonville Tree Commission pursuant to Section 94.106 , Ordinance Code. (i) Violation and penalties. A person who violates any provision of this Subpart and fails to correct the violation as provided herein shall, upon conviction thereof, be guilty of a class D offense 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 Subpart. (j) Judicial remedy. In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the City of Jacksonville may seek injunctive relief in the Circuit Court to enforce the provisions of this Subpart. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs in an action where the City is successful in obtaining affirmative relief. (Ord. 91-59-148, § 1; Ord. 93-718-395, § 1; Ord. 2006-422-E, § 124; Ord. 2017-396-E , § 1; Ord. 2023-324-E , § 1; Ord. 2025-102-E , § 3)