Magistrate continues case after city seeks $15,000 fine for cutting historic oak

City code-compliance staff told a Daytona Beach special magistrate that a property owner removed a protected oak tree at 254 Jefferson Street without the required tree-removal permit and that the city was seeking a one-time fine of $15,000 because replanting on the vacant lot would not repair the loss.

The hearing record shows the inspector described the violation as an irreversible act observed on Feb. 6, 2026 and referenced the Land Development Code provisions requiring separate permits for tree removal and demolition activities that could adversely affect adjacent lands and public roadways. The city requested a one-time fine of $15,000, noting past cases where similar fines were sought and sometimes mitigated by replanting when practicable.

The respondent, who identified himself over Zoom, attempted to speak but did not have video enabled and therefore could not be properly sworn; the magistrate said the respondent could speak but warned that the court needed to verify identity and administer an oath for testimony. The magistrate continued the matter to the April 14, 2026 calendar, telling the respondent to ensure reliable Zoom equipment or appear in person and to contact the city to try to resolve the issue amicably before the next hearing.

The magistrate also told the respondent that future failures to appear properly could lead the court to proceed without fully hearing the respondent. The city’s request for the high fine reflects the inspector’s statement that the lot cannot be restored by replanting and the city’s desire to seek a deterrent amount when restoration is not feasible.

Next steps: The magistrate continued the case to April 14, 2026 to allow the respondent to be sworn properly and to explore potential resolution with the city. If the respondent does not establish compliance or an acceptable remediation plan, the city’s fine request could be reconsidered at the continued hearing.