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Critics want to take ax to new tree fines

Some residents and developers say Tarpon Springs' new tree ordinance is too tough.

By ELENA LESLEY, Times Staff Writer
Published November 9, 2007

TARPON SPRINGS - In what has become an increasingly frequent occurrence, a resident went before commissioners Tuesday to beg for relief from the city's tough tree fines.

Christopher Taylor, a schoolteacher, had already written a letter to the city explaining that his wife had a brain tumor, his daughter was starting college and he couldn't afford to shell out $2,500 for cutting down two dead trees on his property.

"If we're going to have an ordinance, I think we need to stick with it," commented Commissioner Chris Alahouzos, as officials weighed Taylor's case.

Still, they decided to chop the fine in half. Taylor will now pay only $1,250 to the city.

"It's a tough call," Commissioner Robin Saenger said of reducing fines set out in Tarpon's new tree ordinance. "We're still working out the kinks, as far as the public and city staff being educated."

But some people caught removing trees in Tarpon without permission say the ordinance - and the city's application of it - are outrageous.

"Yes, you're supposed to be penalized. But you're not supposed to be put in bankruptcy and lose your property," said Daniel Comeau, who was slapped with $245,500 in fines after he says work crews cut down more than 50 trees on property he is developing without his approval. "What else do they want from me?"

Essentially, the ordinance requires anyone who is caught cutting down trees without city approval to pay four times the permit and replacement fees.

After a year of wrangling, commissioners agreed in September to lower Comeau's fines to $61,375, the amount of a retroactive permit plus replacement fees. But he remains convinced that city staff "don't know what to do."

Comeau is now contemplating legal action.

Developers of Calista Cay, a gated townhome community on Meres Boulevard, paid the $92,000 they owed in tree fines and then sued the city. The money is waiting in escrow pending the outcome of the suit, said City Attorney Shauna Morris.

If the city continues to pursue Fat Fish Services LLC for nearly $10,000 in tree fines, Tarpon may be facing another suit, said attorney Brian Stayton, who represents the developer.

City Attorney Jim Yacavone said the ordinance is in the "road test" stage and that the city "might do some tweaking." But he said the ordinance is, for the most part, reasonable and that penalties are actually lower than in some nearby cities.

"Most of the ordinance itself is very mild," said Saenger, one of the measure's original proponents.

About two years ago, commissioners raised concerns about the number of trees being cut down in Tarpon without authorization. Penalties weren't very steep, and they feared that some people - especially developers - were flouting the law, Yacavone said.

Morris researched tree ordinances in other cities and drafted new rules for Tarpon. Commissioners passed the ordinance in July 2006. Not long after, the appeals for mercy began.

"This project, quite honestly, is falling apart rapidly," Comeau told commissioners. He said crews had cleared the property without his knowledge and, even though it was "a horrible mistake," bankrupting the project wouldn't bring back any trees.

Frank Burkett, a developer with Calista Cay, called the fines "ridiculous" and said his site worker had accidentally cleared a small fraction of property not yet permitted.

"Ninety-eight percent was permitted already," he told a Times reporter in March.

Tree debates started eating up commission meeting time, and Yacavone eventually outlined an official administrative fine settlement policy. Though it isn't confined to the tree ordinance, he said the policy will help streamline the complicated tree disputes coming before the commission. Now Yacavone researches cases and makes recommendations to the commission before meetings .

"Commissioners don't have to start from scratch," Yacavone said of the policy, which was adopted in June.

City Commissioner Peter Dalacos described the settlement policy as helpful. "If someone has unusual circumstances, they can ask for relief," he said.

But concern remains that too much flexibility could undermine the ordinance's strength.

"We don't want to set a precedent where every time someone appeals, fines get waived," Saenger said.

She and other commissioners said the focus now should be educating residents and city staff about the rules. Dalacos suggested the city print pamphlets about the ordinance - and other city codes - for all newcomers.

"I think with education, the appeals will happen less and less," Saenger said.

Not everyone is convinced it will be that easy.

"The commissioners really need to go back and look at that ordinance again," Comeau said. "It's a mess."

Elena Lesley can be reached at elesley@sptimes.com or (727) 445-4167.

[Last modified November 8, 2007, 21:24:49]