§ 39-138.1. Tree maintenance near utilities.

(a)

The intent of this section is to require property owners to maintain trees in order to minimize damage to power lines.

(b)

Any tree planted within unincorporated Broward County after the effective date of this ordinance shall be planted in conformity with the Right Tree, Right Place Guidelines. Upon receipt of a notice of violation, the property owner shall have sixty (60) days to remedy the violation by removal of the offending tree, following those procedures outlined in Chapter 27, Article XIV, of the Code.

(c)

Any tree that is planted prior to the effective date of this ordinance and that is not in conformity with the Right Tree, Right Place Guidelines shall be required to undergo remedial pruning. The property owner shall be responsible for ensuring the tree remains in compliance with this section. Upon receipt of a notice of violation, the property owner shall have thirty (30) days to remedy the violation.

(1)

All tree trimming or remedial pruning shall be conducted by a contractor with a Class A Tree Trimmer License pursuant to Chapter 9, Article XI.

(2)

If remedial pruning cannot be successfully performed without removing more than twenty percent (20%) of the tree's canopy and the property owner does not relocate, replace, or remove the offending tree, the property owner shall remove twenty (20%) of the tree's canopy and must notify the owner of the power line in writing that the tree does not conform to this section and cannot be remedied through remedial pruning. Successful performance of remedial pruning under this part shall mean removal of any part of any tree within twenty (20) feet of any power line.

(3)

If an electrical utility company has performed trimming or pruning activity on the property owner's property within the last six (6) months, then this fact shall constitute a defense to any action taken against the property owner for failure to comply with subsection (c) above.

(d)

Any tree or other plant growth that is dead, severely diseased, or severely damaged and that is in danger of damaging any power line or has damaged a power line shall be cut down, destroyed, or removed by a contractor with a Class A Tree Trimmer License. Upon receipt of a notice of violation, the property owner shall have twenty (20) days to remedy the violation. If after twenty (20) days the violation has not been remedied, the County may remove the offending tree and shall place a lien on the property in the amount of the removal cost. The County shall have the authority to immediately remove any dead, severely diseased, or damaged tree and shall place a lien on the property in the amount of the removal cost if:

(1)

The tree presents an imminent danger to safety, property, or utilities; and

(2)

The County Administrator has suspended compliance with Chapter 27, Article XIV, of the Code pursuant to Section 27-406 of the Code.

(e)

A property owner within a homeowners' association, as defined in Section 720.301, Florida Statutes, or a unit owner of a condominium association, as defined by Section 718.103, Florida Statutes, shall not be deemed to have violated any part of this section where compliance would conflict with the Declaration of Restrictive Covenants, by-laws, or regulations of the homeowners' association or condominium association or where the homeowners' association or condominium association has undertaken to maintain trees and other plant growth. The code enforcement officer or hearing officer, as applicable, shall dismiss any notice of violation upon the showing of said conflict. Where the homeowners' association or condominium association has undertaken to maintain trees and other plant growth, the homeowners' association or condominium association, as applicable, shall be deemed the responsible party for purposes of compliance with this section.

(f)

Unless otherwise specified in this section, property owners subject to an enforcement action shall receive a notice of violation in accordance with Section 39-134 prior to any action being taken against them and may appeal the decision pursuant to Chapter 8½ of the Code prior to the time limit to remedy the violation.

(g)

Any person who violates the requirements set forth in this section shall be subject to fines as set forth in Section 8½-16(a) of the Code. Each incident involving each tree shall be considered a separate violation of this article.

(h)

Except for subsection (b), which shall become immediately effective upon enactment, the preceding sections shall become effective one (1) year after enactment. Within one hundred and eighty (180) days after enactment of this ordinance, the County shall complete a survey of the unincorporated areas to identify trees that are not in compliance with this section. The location of noncompliant trees shall be communicated to FP&L, which shall be given an opportunity to trim or remove the offending trees consistent with applicable legal requirements. At ten (10) months following the enactment of this ordinance, the County shall determine if additional pruning or removal is required and may, with the property owner's permission, prune or remove those trees identified in the survey as being noncompliant to bring those trees into compliance with this section.

(Ord. No. 2018-22 , § 8, 5-8-18)