Tampa City Code § 27-287.25 Enforcement authority; penalties; remedies.
Sec. 27-287.25. - Enforcement authority; penalties; remedies.
(a) Authority. The natural resources coordinator shall have the power and duty to enforce all provisions of this division. Any action taken by the natural resources coordinator or designee, pursuant to this division, to enforce any section hereof, shall be in addition to other penalties and remedies provided elsewhere by ordinance or law.
(b) Penalties, generally. Any person who violates ("violator") the provisions of this division may be subject to penalties set forth in section 1-6, or the procedures described in chapter 9 of the City Code, or any other legal process determined to be necessary and appropriate by the natural resources coordinator with consultation from the city attorney.
(c) Permit revocation. A permit may be revoked as follows:
(1) The natural resources coordinator is authorized to suspend or revoke a permit issued under the provisions of this division, wherever the permit is issued in error or on the basis of incorrect, inaccurate, incomplete, or false or misrepresented information, or in violation of any ordinance or regulation or any provisions of this division. All permits issued under this division may be suspended or revoked by the city, at any stage of the work, upon the following grounds:.
a. The permit was issued by mistake of law or fact;
b. The permit is for work which violates the provisions of this division;
c. The permit was issued upon any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based by the applicant;
d. The permit violates any ordinance of the city or any state or federal law, rule or regulation;
e. The work is not being performed in accordance with the provisions of this division;
f. The certificate of competency, upon which said permit was issued to the permittee, has become invalid by reason of expiration, suspension, revocation, or otherwise;
g. The work is not being performed under the supervision of the holder of the certificate upon which the same was issued;
h. The work is not being done in accordance with the terms of the permit, the plans or the application upon which the same was issued; or
i. Payment of the permit fee was not satisfactorily completed, due to insufficient funds or any other reason.
(2) The city shall issue and serve upon the permit holder written notice of such suspension or revocation and include the grounds for such decision. It shall be unlawful for the permit holder or any other person with knowledge of such suspension or revocation to continue such work thereafter, unless said permit is reinstated by the natural resources coordinator, or a new permit is issued.
(d) Stop work orders. Stop work orders may be issued as follows:
(1) Generally. The natural resources coordinator shall have the authority to issue all necessary notices or orders to ensure compliance with this Code.
a. Whenever the natural resources coordinator finds any work regulated by this division being performed in a manner either contrary to the code provisions or in a dangerous or unsafe manner, the natural resources coordinator is authorized to issue a stop work order, and such work shall cease immediately.
b. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(2) Unlawful continuance. Any person who actively continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(3) Emergency stop. Where an emergency exists, oral notice by the natural resources coordinator or designee to the owner of the property or the authorized agent/entity performing the work shall be sufficient to require the work to immediately cease.
(e) Other penalties. In addition to penalties stated in subsection (b) above, the natural resources coordinator may take any necessary actions to enforce the provisions of this division, including:
(1) Protected trees.
a. Assess a triple permit fee for any work performed in violation of this division, which does not cause irreparable or irreversible damage to the subject tree(s). The triple permit fee shall be applied to each protected tree affected by such work;
b. Assess a triple permit fee and impose applicable tree mitigation (replacement or contribution), pursuant to section 27-284.4.1, for any work performed in violation of this division, which causes irreparable or irreversible damage to the subject tree(s) of any protected species of palm or ornamental tree. The triple permit fee and tree mitigation shall be applied to each protected tree affected by such work;
c. Assess a triple permit fee and impose applicable tree mitigation (replacement or contribution), pursuant to section 27-284.4.1, for any work performed in violation of this division, which causes irreparable or irreversible damage to the subject tree(s) of any protected shade or conifer species. Additionally, the natural resources coordinator may schedule the violator(s), with provision of required notice for due process purposes, for a hearing before a code enforcement special magistrate, pursuant to procedures set forth in chapter 9, subject to the following:
1. Imposition of tree mitigation for each subject tree, pursuant to section 27-284.4.1; and,
2. Imposition of requirement to provide tree replacement, on the subject property, of one (1) three-inch caliper tree per affected tree, from the same tree shape and type grouping on the City Tree Matrix, or equivalent trade-off as set forth in section 27-284.3.2.
3. Imposition of a fine, to the maximum extent of state law, for each subject tree.
The magistrate shall consider the following factors in determining the amount of the fine:
i. The gravity of the violation;
ii. Any actions taken by the violator to correct the violation; and
iii. Any previous violations committed by the violator.
(2) Grand trees.
a. Assess a triple permit fee for any work performed in violation of this division, which does not cause irreparable or irreversible damage to the subject tree(s). The triple permit fee shall be applied to each grand tree affected by such work.
b. Any work performed in violation of this division, which causes irreparable or irreversible damage to the subject tree(s), the natural resources coordinator may schedule the violator(s), with provision of required notice for due process purposes, for a hearing before a code enforcement special magistrate, pursuant to procedures set forth in chapter 9, and subject to the following:
1. Imposition of tree mitigation for each subject tree, pursuant to section 27-284.4.1, to be paid to the applicable Planning District tree trust fund;
2. Imposition of requirement to provide tree replacement, on the subject property, of three (3) three-inch caliper trees, per affected tree, from the same Tree Shape and Type grouping on the City Tree Matrix, or equivalent trade-off, as set forth in section 27-284.3.2; and
3. Imposition of a fine, to the maximum extent of state law, for each affected tree. The magistrate shall consider the following factors in determining the amount of the fine:
i. The gravity of the violation;
ii. Any actions taken by the violator to correct the violation; and
iii. Any previous violations committed by the violator.
c. In cases where only a tree stump remains, the natural resources coordinator or designee shall refer to current "Volume Prediction from Stump Diameter and Stump Height," published by the United States Department of Agriculture, Forest Service, to determine DBH of tree, and shall provide the results to the magistrate as part of the hearing record. If the stump is no longer present on the site, the natural resources coordinator or designee shall consult with the planning and urban design manager and refer to high-resolution aerial photography, satellite imagery, or similar imagery, to determine the approximate crown spread and crown footprint, and provide those results to the magistrate as part of the hearing record.
d. As applicable, if the violator(s) is (are) not subjected to the special magistrate process, the mitigation and replacement requirements set forth in subsections b.1. and b.2. shall be imposed by the natural resources coordinator.
(3) Unlawful to allow a dangerous tree to remain on property.
a. It is unlawful for a property owner to allow any tree, or any part thereof, to remain on the property, that has been evaluated and deemed "dangerous," as defined in chapter 27, by the natural resources coordinator, urban forestry coordinator, or respective designee(s).
b. When a property owner has been issued a notice of violation for a dangerous tree under this section, and the cause of the condition rendering the tree "dangerous" is not a result of a violation of chapter 27, article VI, division 4, the tree removal permit requirements set forth therein, will be waived, and the notice of violation will act as the permit.
(Ord. No. 2019-54, § 33(Exh. A), 4-18-2019; Ord. No. 2024-16, § 13, 2-1-2024)