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Daytona Beach magistrate fines property owner $5,000 for removing oak tree without permit
Summary
A property owner was fined after removing a large oak without obtaining required permits or arborist sign‑off; the magistrate found the removal irreversible and imposed a $5,000 one‑time penalty under the city's land‑development code.
The special magistrate found that a property owner removed a large oak tree without securing required permits and imposed a one‑time fine of $5,000, citing the land‑development code's tree‑removal requirements.
Inspector testimony and the city’s exhibit history documented the tree and the lack of an arborist determination or permit. The city’s case cited the land‑development code language that requires a permit for removal of trees of a certain size and species unless a certified arborist or licensed landscape professional has determined the tree poses a danger to persons or property.
Owner Andrew (recorded as Andrew Wilfr/Andrew Lame in the transcript) said he removed the oak to create space for parking, described the lot as narrow and said previous lot clearances had occurred; he also said he placed no‑parking signs and landscaping after the removal. The magistrate found the removal to be "irreparable and irreversible" and entered a $5,000 fine.
The magistrate and city attorney noted the statutory and local code framework for tree protections but observed the state's relevant statute cited by the owner (chapter 163) did not apply under the facts presented. The magistrate advised the respondent on appellate and record deadlines.
