Resident who cut a dead tree told to apply for after-the-fact permit; citation reduced to $80 administration fee

Special Master Karen Jenkins addressed a civil citation on April 2 for removal of a tree without a permit at 366 Southeast 7th Court, hearing testimony from Miriam Kerner and her husband, Don Kerner.

Kerner said the tree was dead and posed a hazard; she said she attempted to obtain guidance but was uncertain about after-the-fact permit procedures. "I did not know I need a permit to cut a dead tree on my property," she testified, adding she had planted replacement trees.

Code Officer Flores explained the violation and recommended the after-the-fact permitting route. The magistrate advised Kerner to apply for an after-the-fact permit through Development Services and suggested speaking with assistant director Derek Cook or director Deborah Storch to expedite review. Jenkins said she "usually" would not waive the ticket but, given the testimony and apparent confusion, she would waive the one-time ticket on this occasion and assessed only an $80 administration fee for today.

Why it matters: The case illustrates how permitting rules and the city's permitting procedures can affect residents who remove hazardous trees; the magistrate used discretion to prioritize remediation and guidance.

What happens next: The resident was directed to file an after-the-fact permit application; Development Services staff were asked to assist in resolving the permit and next steps.