DEP proposes settlement with Holmes Beach seagrape trimmer

The property owner responsible for excessive seagrape trimming in Holmes Beach aims to make amends.

In April, Jose Vivero of Tampa hired a landscaper to cut a 30-by-50-foot section of 20-foot-tall seagrape trees on private and city property near the beach access at 43rd Street and Second Avenue, across from his vacation rental home.

Vivero hired Sunset Tree Service of Sarasota to cut down 10-12 seagrape trees to half their size to improve the view from his vacation home.

Vivero signed an Aug. 24 consent order with the Florida Department of Environmental Protection obligating him to pay a $1,000 fine and up to $500 for a sea turtle sign that will be posted at the site.

The order also requires Vivero, owner of 4301 Second Ave., to hire and pay an arborist to design a seagrape management plan and a lighting consultant to propose exterior lights for the site that comply with Florida Fish and Wildlife Conservation Commission requirements. Both must be DEP approved. The illegal trim-work exposed lighting to the beach that violates the sea turtle lighting regulations.

“He’s taking responsibility for his actions and doing everything in his power to make it happen — it’s quite a lot of things actually, the replanting and monitoring,” said Vivero’s attorney, Gregory Hagopian.

“It was an unfortunate situation, but it was definitely a learning experience for him,” Hagopian added.

Regarding DEP’s case against the landscaper, public information officer Dee Ann Miller said Aug. 10 the department would turn its focus to resolve the violations by the landscape company, which, in 2012 was fined $1,250 for illegally trimming mangroves in the 400 block of 28th Street in Holmes Beach.

In a letter sent with the consent order to Vivero and his corporate entity, Galicia Enterprises, DEP administrator Jim Martinello said Vivero is required to pay the seagrape trimming fine by Sept. 23.

And by Sept. 24, Vivero must hire the required arborist and lighting consultant.

The arborist is to design a one-year-plus plan for proper pruning and removal of invasive or exotic vegetation, aiming for no mortality of the seagrape trees, new growth on the cut trees and less than 1 percent coverage of invasive species.

The order requires notification to the city and DEP seven days before site visits by the arborist.

If the DEP criteria are not met in the first year, the arborist must continue to report quarterly to the DEP.

The lighting plan must include retrofitting all outdoor light fixtures on Vivero’s property.

Vivero is required to pay the city for an 11-by-14-inch weatherproof sign to educate the public about sea turtles and proper turtle-friendly lighting.

Penalties of $250 per day will be imposed against Vivero if he fails to comply with DEP’s requirements, according to the consent order.

Another prong of the case includes a proposed trespass charge sent to the 12th Judicial Circuit State Attorney by the Holmes Beach Police Department.

To resolve the pending criminal case, Holmes Beach Mayor Bob Johnson sent a July 29 letter recommending the state attorney enter a pre-trial intervention agreement with Vivero.

The mayor asked for $5,241 to reimburse the city for planting and watering four new trees and the cost of the code officer and police officer investigations and attorney’s fees.

The mayor’s correspondence included an invoice from Oceanside Oasis, 102 43rd St., Holmes Beach, for $694.38 in new turtle-friendly lighting, and states the adjacent neighbor “has been damaged by Mr. Vivero’s actions.”

Assistant State Attorney Heather Doyle said the week of Aug. 24 she expects a proposed resolution soon for the pending case.

Vivero’s attorney agreed.

“We’re working on resolving that one as well,” Hagopian said.