Magistrate fines owner $5,000 after city finds protected live oak removed without permit

Special Magistrate Jennifer De Peschke found that the city proved a code violation after city code officer Manuel Fernandez Jr. and parks staff presented photos and testimony showing a live oak had been removed from 1301 York Avenue. Fernandez said the notice of violation was issued in late June and that penalty calculations used diameter-at-breast-height (DBH) multiplied by the code's per-inch factor. Parks employee Jose Sanchez testified that the 38-inch DBH was determined from the remaining stump. "Diameter breast height is typically 4.5 feet, chest high...we can only go by what's left of the actual stump in this case," Sanchez said.

The city recommended, citing state statute 162.09(2)(a), that the magistrate impose the maximum administrative penalty because the tree was large and the removal was "irreparable and irreversible in nature." The magistrate ordered a $5,000 fine, payable within 30 days to the city's tree fund, and advised the respondent of a 30-day right to appeal. The respondent identified herself in the hearing as Garlene Denise; the city file earlier listed the owner as "Guraline Dennis," and the record includes both renderings. Authorities referenced in the hearing: state statute 162.09(2)(a) and local tree-protection code provisions.