Magistrate orders removal of large oak straddling two Cooper City properties; cost split and deadline set

A Cooper City special magistrate on Sept. 3 ordered the removal of a large live oak whose trunk straddles 8961 and 8967 Southwest 40 Ninth Court and set a Sept. 13, 2025 compliance deadline. The magistrate said removal costs would be apportioned one-half to each property owner and that a $250-per-day fine (plus a $150 administrative fee) would begin if the tree remained after the deadline.

The magistrate’s finding followed testimony from the city arborist and a certified arborist, who described lifting roots, a severe lean and significant previously improper pruning that, they said, left most of the tree’s weight cantilevered over the roadway. The city asked permission to remove the tree if the owners did not act, and the two owners present acknowledged they agreed the tree needed to come down but disputed who should pay.

Patricia Hoot, the city’s expert arborist, testified that the tree had “uplifting roots” and “severely in the improper pruning has contributed and accelerated the hazardous condition,” and recommended removal. Hoot also told the magistrate she had inspected historical photos going back to 2008 and said the lean was a long-running condition that had worsened after several successive prunings left much of the tree’s mass on the side over the street. The city entered photographic exhibits and a recent survey showing the tree base centered on the two properties.

Inspector Duvall of Broward County code enforcement and Carlos Vega, Cooper City’s community development director, described inspection steps and site measurements; both confirmed the tree base falls across the property line. The city attorney told the hearing the city’s concern was public safety and that, absent voluntary action by the owners, the city sought authority to remove the tree and place a lien for removal costs.

Special Magistrate Angel Petty Rosenberg said she accepted the arborist’s opinion and made a compliance order. “I make a finding based upon the expert witness whose testimony and report that the tree is in need of removal,” Rosenberg said. The magistrate set removal due by 09/13/2025 and warned that “otherwise… I’m gonna issue a fine of $250 per day and an administrative fee of $150. The City has the authority to go in and remove the tree.”

The magistrate also told the parties a permit will be required for removal and that the city would attempt to expedite permit processing. She advised that, separate from removal, Cooper City’s landscape rules may require replacement plantings on private property to meet tree canopy requirements.

Clarifying details introduced at the hearing included written removal estimates and the parties’ own bids: the Delmaso family presented one estimate of $2,600; the Martin side submitted three estimates of $2,350, $2,925 and $3,900. The magistrate noted that city removal typically costs more than private removal and that, if the city removes the tree, the resulting fees could be placed as a lien against each property for 50% of the cost.

The ruling resolves the city’s public-safety citation (tree removal) for case numbers 251427 (Ruby Martin) and 251428 (Raymond and Marcela Delmaso). The magistrate made clear the order addresses removal only; any private dispute over fault or cost-sharing beyond the 50/50 apportionment may be pursued in civil court.

The magistrate’s order and the arborist’s report were entered into the record.