TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Section 2-511, Related to Fines for Tree Protection Violations; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
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Recommended Action
The City Commission approve Ordinance No. 2024-17 and continue to second reading on August 6, 2024.
Recommended Action on Second Reading
The City Commission approve Ordinance No. 2024-17.
General Information
City Code, Chapter 2, Article IX., Code Enforcement, Section 2-511.b. addresses increased fines for violation of the City’s tree protection regulations. With the repeal of Chapter 45 of the Unified Land Development Code (ULDC), and the adoption of Chapter 6, Natural Resources of the ULDC via Ordinance 2024-13, references to the location of the tree protection regulations as well as the tree fund name change to the environmental protection fund require updating for consistency with the ULDC.
In addition, ULDC Chapter 6, Article VII., Section 6.7.3. Harmful Acts establishes prohibitions on persons to abuse, mutilate, or otherwise damage any tree, including those trees located in the public right-of-way, which addition requires harmful acts to be addressed as a violation under Section 2-522.b. of the City Code. Also, the change in process provided for by the new ULDC (certificate of zoning compliance for tree removal and/or underbrush removal as opposed to a tree removal permit) requires clarifying the penalty for conducting activities requiring authorization per Chapter 2 of the ULDC without first obtaining that authorization.
Finally, at the May 6, 2024, City Commission workshop discussion regarding the draft Chapter 6, Natural Resources of the ULDC, a City Commissioner expressed concerns that the then current language in Section 45-13 of the ULDC (“Any mitigation fee imposed by a hearing officer shall be deposited into the tree fund”.) was not being carried forward into the new tree protection regulations. Staff communicated that any language regarding the disposition of fines imposed by the hearing officer or lien payments received should be more appropriately be located in Section 2-511.b. and assured that a companion ordinance would be presented at that same time as the ULDC adoption for required updates to the City Code, which is provided for in Ordinance No. 2024-17.
The City Attorney has reviewed Ordinance No. 2024-17 for form and correctness.
Information for Second Reading
The City Commission heard the first reading of Ordinance No. 2024-17 at its Regular Meeting on July 23, 2024, and continued the ordinance as presented to second reading on August 6, 2024.
Business Impact Estimate
In accordance with Florida Statutes Section 166.041(4)(a), on July 5,2024, the City timely posted a business impact estimate on the City’s website, before the date the newspaper published notice of this ordinance’s final reading.
Strategic Plan
Environmental Resiliency & Sustainability Pillar
Good Governance Pillar
Financial Impact
Not Applicable.
Procurement
Not Applicable.
Attachments:
1. Ordinance No. 2024-17 - Second Reading
2. Ordinance No. 2024-17 - First Reading
3. Business Impact Estimate
Prepared by: Lori Barnes, AICP, CPM, Assistant Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department