West Palm Beach magistrate gives elderly homeowner 180 days to remove prohibited trees, finish minor repairs

Special Magistrate Amity Barnard on May 1 gave homeowner Lee Hooks 180 days to correct code violations at his Westview Avenue property, citing both the remaining tree removals and the owner's efforts to come into compliance.

Code officer Kay Weaver told the magistrate she discovered violations at the property during a February inspection and later took reinspection photos showing partial compliance: pressure washing, painting and removal of debris, but two prohibited Cheffalier (Queens umbrella/Brazilian pepper) trees remained. Weaver recommended 120 days or $100 per day until compliance.

Lee Hooks, who identified himself as the property's owner, described having lived in the neighborhood since 1979 and said the trees were planted by him and his late father. "I doubt it very seriously because, first of all, I'm a 77 year old man retired," Hooks said when asked whether he could meet the city's proposed timeframe, adding that he had begun work on the property and that trash-collection issues the week before complicated removal scheduling.

Barnard acknowledged the progress shown in the city photographs and recognized that removing large trees can be a heavier lift for an elderly homeowner. "I'm gonna give you plenty of time on the trees," she told Hooks, then ordered 180 days for full compliance or a $100-a-day fine thereafter. She also entered the city's evidentiary exhibits into the record without objection.

The magistrate encouraged Hooks to keep in touch with the assigned code officer to report progress and to resolve remaining items — edging at the street side, a few buckets/pots behind a fence, and stump/trimming work — before the deadline. The order was entered from the bench and will be included in the case file; failure to comply within 180 days will trigger the daily fine.