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Magistrate orders removal of large shared oak tree, gives owners 10 days to comply
Summary
A Cooper City special magistrate found a large live oak straddling two properties unsafe and ordered its removal by Sept. 13, 2025, giving the city authority to remove it and place a lien if owners fail to act; the magistrate directed costs be split 50/50 and warned of a $250-per-day fine thereafter.
Angel Petty Rosenberg, a special magistrate for the City of Cooper City, found that a large live oak with its base on the property line between two homes on Southwest 49th Court constitutes a public-safety hazard and ordered the tree removed by Sept. 13, 2025. "So the tree needs to be removed by 09/13/2025," Rosenberg said when announcing the deadline and warning that a $250 daily fine would be imposed if the order is not followed.
The city's arborist, Patricia Hoot, testified the tree shows lifted roots, torque and compaction and that improper pruning over time left a heavy section leaning over the roadway. Hoot described the tree as old and unstable: "I would place it at probably 80 years old," she said, and recommended removal because the remaining root plate is small and the limb weight creates an imminent failure risk. Broward Sheriff's Office code enforcement Inspector Duvall presented the case file, survey and photographs supporting the city's finding.
Property owners on both sides acknowledged the tree sits on the boundary and agreed the tree must come out, but disputed who should pay for removal. The magistrate said the city would apportion costs to both properties if the city performs the work, recommending a 50/50 split: if the City removes the tree, the fees "will be assessed to each of you, 50% each." The City will expedite any required removal permits. The magistrate advised owners that civil avenues remain available to resolve private disputes about responsibility for payment.
The order directs the trees be removed by the compliance date; if not, the City may remove the tree, assess the costs and record an order setting fine in Broward County public records, creating a lien on the properties.
