Code board finds homeowner violated tree rules after root cutting, orders removal and one-for-one replacement

Case number 25‑1376: The City of Temple Terrace Municipal Code Enforcement Board on Wednesday found that two oak trees at 11407 Gibraltar Place were harmed by excessive root cutting and ordered removal of the damaged trees, one‑for‑one replacement with new canopy trees and a fine of $1,000 per tree.

The board’s finding follows testimony from Code Compliance Officer Laurie Smith and City Arborist Joe Ferris, who said staff investigated after a citizen complaint in March 2025. "My inspection revealed several oak tree roots had been improperly trimmed," Smith said. Ferris testified the pruning cut roots "360 degrees around the trunk" on two trees and described the work as "an excessive amount of pruning." He said the damage could cause long‑term health and structural problems and recommended removal and replanting to mitigate the loss.

Why it matters: City ordinances protect public trees and require permits or approval for certain root and trunk work; the board concluded the damage was "irreparable and irreversible" under city code section 1‑63 and treated the matter as a code violation under section 12‑771 (tree trimming; invasive trees).

What happened at the hearing: Smith said the city and arborist visited the property in March 2025, served a notice and compiled photographic evidence. Ferris told the board the Laurel Oak and a Live Oak in the right of way were cut in a way that could compromise both health and structural integrity: "When you cut all the way around everything at that surface, you've now cut off major roots." He said the Live Oak in the right of way should be removed and replanting should follow. The homeowner, who identified himself as Sereem Mawadi of 11407 Gibraltar Place, told the board he had hired a contractor to install pavers and believed that person was qualified; he described the work as an "honest mistake." "I hired someone. I thought he knows what he's doing, but apparently, he doesn't," Mawadi said.

Board decision and penalties: A board member moved that the city had proved the violation by the greater weight of the evidence, that the violation was irreparable and irreversible under city code section 1‑63, and that a fine of $1,000 per tree plus one‑for‑one remediation be imposed. The motion passed. The board also directed removal of the damaged trees and replanting of two 15‑gallon canopy trees as the city's recommended mitigation. The board recorded that if the city removes a tree in the right of way, it would invoice the property owner for removal costs (the arborist estimated in‑line removal at roughly $3,000–$4,000 if farmed out).

Discussion and constraints: The record shows the board considered homeowner testimony that the trees currently appeared healthy but accepted the arborist’s expert opinion that root cuts of the type shown would likely cause decline over time. Ferris cautioned the effects might not be visible for months or years and noted storm risk and structural failure could follow. Several board members said they believed the homeowner’s act was not malicious but still merited a penalty and remediation. The transcript does not record an itemized vote tally by name.

What comes next: The board’s order requires removal and replacement and imposes the fine; the board noted the homeowner can consult and supply an independent arborist’s report but that such a second opinion would not negate the board’s finding that the violation occurred. The city may recover actual removal costs if it performs work in the right of way.