Seagrape trimmers appear to flaunt laws

A wider lens on the seagrape tree-trimming that improved water views for a rental property a stone’s throw from Manatee Public Beach reveals a few previously unseen angles.

The two men identified by Holmes Beach Police Department in connection with the April 27 tree-trimming on public and private property at the Second Avenue/43rd Street beach access were Jose Vivero of Galicia Enterprises and Miguel A. Guevara of Sunset Tree Service.

The alleged illegal trimming has run them afoul of the law — again.

Vivero of Tampa and Guevara of Sarasota have past records in Holmes Beach — Vivero for failing to pay the city’s business rental tax receipt for the 4301 Second Ave. three-unit rental property and Guevara for cutting mangroves on 28th Street in 2012.

In April 2012, the Florida Department of Environmental Protection fined Guevara $1,250 for trimming 6,600 square feet of bayside mangroves at 418 28th St., at the behest of an out-of-state property owner.

Like the seagrape destruction, the excessive mangrove trimming destroyed vegetation that protected the coastline while widening the water views for investment property.

Guevara’s 2012 fine was paid in full and the case closed, according to DEP spokeswoman Ana Gibbs.

About the closed case, Guevara said he knew the mangroves were protected but the city of Holmes Beach “lied to me” about the width of allowable trimming.

“If I’d known, I would tell my customers, I can’t,” he added.

Guevara declined to discuss the recent seagrape trimming, referring comment to his client.

Vivero, who owns Casa Del Mar, the Galicia Enterprises LLC property on Second Avenue that gained the improved Gulf of Mexico view, did not return The Islander call for comment.

The LLC purchased the property in 2003, according to the Manatee County Property Appraiser’s website.

According to WTSP TV-10, Vivero is the CEO for Century Bank of Florida in Tampa and, in a written statement to the station, apologized about the seagrape cutting and claimed he “had no knowledge of violating any law.”

Vivero admitted to the HBPD he hired Guevara after requesting the city trim the trees and getting no results.

According to plans examiner David Greene, Vivero had twice requested in the past two years that he be allowed to trim seagrape trees at the Second Avenue/43rd Street beach access, and twice he was told no.

Vivero also is on Holmes Beach’s list for failing to pay for a rental property license.

Code enforcement officer David Forbes noted the violation in an April 29 code enforcement complaint form. Forbes advised Vivero about the need to pay the city’s license tax for property he is renting.

According to Holmes Beach deputy clerk Lori Kee, she was mailing Vivero an application May 20 that seeks compliance with the city license. If he does not respond in a reasonable time, Kee said she’d refer it back to code enforcement.

There is no retroactive payment required for any prior rental business use, according to Kee.

HBPD Chief Bill Tokajer has referred the seagrape trimming case to the State Attorney of the 12th Judicial Circuit Court, seeking Vivero’s arrest for trespass after warning, and to the Florida Department of Environmental Protection for violations of the Marine Turtle Protection Act.

According to DEP Inspector Steve West’s report, the 10-12 seagrape trees that were impacted measured about 20 feet tall before a chain saw chopped them to about half their height.

The act protects sea turtles and hatchlings from light disorientation while nesting. A violation carries a maximum fine under the Marine Turtle Protection Act of $10,000.

Assistant State Attorney Heather Doyle, misdemeanor and juvenile division chief, said she’s received the HBPD request and her unit is investigating whether evidence warrants criminal charges.

In HBPD Detective Sgt. Brian Hall’s incident report, West confirmed the trees appeared to be trimmed in violation of DEP regulations.

“The trees are only allowed to be trimmed down one-third of the height and a permit must be issued by the state for any trimming since the trees are on beachfront property,” Hall’s report concluded.

Hall said May 21 the investigation was ongoing with Forbes and Suxi Fox, director of Anna Maria Island Turtle Watch & Shorebird Monitoring, DEP and Florida Fish and Wildlife Commission inspectors checking for violations of act, and also the city’s lighting ordinance.

The city ordinance prohibits artificial light that distracts the nesting turtles and requires Forbes, as beach lighting inspector, to deliver any offending property owner a written violation, directions to remove or cure lighting not in compliance and a specified time to act.

Violators may be fined up to $250 per day for initial violations and repeat violators are subject to $500 per day.

While the city is pursuing possible charges, the property owner adjacent to the beach access, Kevin Riley, has declined to press them.

Riley said he’s “a huge supporter of turtle watch,” but the cutting was minor. He hoped the light that reaches the beach does not distract turtles and for the trees to grow back quickly.

Vivero told HBPD he got the owner’s permission for the cutting, but Riley said he did not. Still, according to Riley, Vivero is a nice person and there were special circumstances for what he did.

Vivero told police he cut the trees for his special needs daughter who likes to sit on the balcony for a view of the water.

Beachgoers and interested onlookers May 13 on Second Avenue viewed the destruction.

“They should know better,” said Sara Brosamer of Cortez.

She said she was shocked someone would abuse the public beach and private property.

“They just can’t go onto somebody’s property and whack away. They should be fined heavily,” she added.

Greg Kerchner, a part-time Holmes Beach resident who also resides in Ellicott City, Maryland, said fines may only amount to “the cost of doing business” and not deter investors.

“The owner could’ve told the trimmer something like, ‘Look, whatever you’re fined, I’ll cover it.’”