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Tree Ordinance Violation a Mistake?

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By Vivienne Green | The Suncoast News

Published: September 8, 2007

TARPON SPRINGS, Fla. - TARPON SPRINGS, Fla. - It was an unfortunate mistake.

That is the argument Daniel Comeau is making as he asks the municipal officials not to severely punish him for a violation of the city's preservation-minded tree ordinance.

For the moment at least, city officials aren't sure what they should do to resolve the matter.

Eager land-clearing workers, without his knowledge and permission, demolished about 55 trees on property at 727 Bayshore Drive W. he planned to develop last year into eight single-family housing units, Comeau says.

Because he did not have a permit authorizing removal of the trees, the city has slapped a $245,000 fine on Comeau.

As specified by the ordinance, the fine represents four times the estimated cost of replacing the improperly felled trees.

Standing before the Tarpon Springs City Commission Tuesday night, Comeau admitted he could only afford to replace the trees. His arborist estimates the replacement costs would be $55,000. The city's estimate is $61,375.

Comeau, who runs a small mortgage company in Dunedin, said this was the first time he had ever developed a piece of property.

Since the incident occurred in October 2006, Comeau's residential development project on the city's west side has been at a standstill. As a result he is six months behind in his loan payments and owes an additional $389,000 to his lender.

To raise the money to replace the trees he would have to go back to his lender, Comeau said. The lender, however, is considering filing a foreclosure action against him, Comeau believes.

Comeau said it is unlikely he could get any money from a lawsuit against the land-clearing contractor who performed the improper tree removal. The firm is already mired in other legal action, Comeau said.

On Tuesday, commissioners were indecisive on how to settle Comeau's case after hearing from City Attorney James Yacavone. If Comeau were forced into foreclosure on the Bayshore Drive land its is unlikely the city would receive any fine money, he said.

In addition, the city would lose any leverage it had when it came to forcing Comeau to replace the trees, Yacavone added.

The informal consensus among commissioners Tuesday night was to defer the item until their next meeting in September.

In the meantime, city staff and attorney will work with Comeau on settlement terms that would be in compliance with the tree ordinance.

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