Special magistrate fines owner $5,000 after unauthorized trimming of large live oak in Fort Pierce

Jamie Barrow, the city’s special magistrate, ordered a $5,000 fine on Aug. 20 for unauthorized trimming of a protected tree at 1408 Zephyr Avenue, finding the alteration “irreparable and irreversible” under the cited state statute and city code.

City witnesses presented a notice of violation issued July 31, 2025, and photographs introduced as composite exhibit 1. A city code enforcement officer testified that the property had been trimmed without a tree-removal permit. Mark Green, the parks and grounds division manager for the City of Fort Pierce, testified that the tree is a live oak with a measured diameter at breast height (DBH) of 47.3 inches and that, in his opinion, roughly one-half to five-eighths of the canopy had been removed. Green said the cuts appeared “not professionally pruned” and that the extent of the pruning could cause long-term harm to the tree.

Addy Soler, who identified herself as a friend of the property owner and appeared on the owner’s behalf, said the owner was at work and that the trimming was done after the house was purchased to remove branches overhanging a new roof. “We were not aware that we had to ask for a permit,” Soler said, adding there was no intention to kill the tree.

Barrow said ignorance of the law was not an excuse and, citing the statute read into the record, agreed with staff that the alteration was irreversible given the tree’s size. The magistrate ordered the violator assessed a $5,000 fine to be paid within 30 days to the Tree City Fund and noted the owner has 30 days to file an appeal of the decision.

The order followed the city’s presentation of photographs dated July 17 and July 21 and testimony from staff who said additional undated photos were provided via email. The magistrate invited respondents to pursue any administrative appeal available to them.

The magistrate moved to the next docketed matter after issuing the ruling.