(WSVN) - He owns his home and wanted to plant a mango tree but code enforcement had some other ideas. It’s tonight’s Help Me Howard with Patrick Fraser.
Buying a home is a dream for many people. You pay for it, you take care of it, you are in charge.
But not really.
Michael Mccalla: “Because everybody’s telling me you can’t go against the city. You’re not going to win.”
Michael bought his Pembroke Pines home in 2020 and noticed a potential problem right away.
Michael Mccalla: “There was two palm trees. They were up against the house, so I re-positioned them in front of the house.”
Michael moved the trees to the swale and surrounded them with decorative bricks.
Unfortunately, a couple of years later, they died.
Michael Mccalla: “Well, I was going to remove it. But, before I got to it, the city came and it gave me a notice saying I need to remove the dead trees.”
Michael did what the city wanted but the city official wasn’t done with Michael.
Michael Mccalla: “I got another notice from the city saying that I did an improper tree removal.”
Michael had to pay for a permit to resolve that.
Then…
Michael Mccalla: “We got another notice from them requesting us to plant two canopy trees, different trees from what we had.”
Michael was told he had to have a total of six canopy trees.
The trees he’s planted count as four so he needed two more. The city gave him a list of trees they would approve.
Michael Mccalla: “Why are they forcing me to plant something that I don’t want? It’s my property. I pay my taxes. It’s my house, my land. I should have a say. I should have a voice.”
Michael asked to plant two mango trees on his property. The city said no.
Michael Mccalla: “I feel like I should have the freedom of choosing the kind of tree that I wish to plant. I love fruit trees.”
Michael is convinced code enforcement is singling him out because since he moved to Pembroke Pines, they have done what the city calls routine inspections on his property and cited him seven times.
Michael Mccalla: “I even got citations saying that my lawn was improperly manicured. This feels like the city is out to get you. You know what I’m saying? That’s, that’s how I feel right now.”
Well, Howard, Michael can’t pick the trees he wants and feels he is being picked on. Legal or illegal?
Howard Finkelstein, 7News legal expert: “First, the government gets to determine what type of canopy trees they allow and they can stop you from planting a mango tree. It may not seem fair to a homeowner, but it is legal. As for Michael’s concern he is being picked on, that’s illegal. But proving it is nearly impossible. If you feel it’s happening to you, contact your city commissioner and mayor. They can stop it.”
We contacted Pembroke Pines and they were adamant they are not singling Michael out, that they are enforcing the code and in Michael’s neighborhood, they have issued 400 violation notices so far this year.
The city said Michael can plant two mango trees like he wants, he just can’t plant them in the swale.
Michael Mccalla: “I feel like the city is more willing to compromise after you guys spoke with them.”
Michael is happy and can plant his favorite trees after his call to Help Me Howard.
“And as far as citizens, you give us a voice when we are not being heard and I’ll say just continue doing the good work for the people of South Florida.”
We try, Michael. We try.
Now, if you have a dying tree, the Florida legislature passed a law to let you bypass code enforcement.
The law says if an arborist confirms the tree is dying, you can cut it down without a permit and you don’t have to replace it. So that can save you some money.
To read the law, click here.
Lumbering around trying to solve a problem? Feel like they are throwing shade at you? We might grow on ‘you cause we wood like to help.
With this Help Me Howard, I’m Patrick Fraser, 7News.
More Information:
State Tree Removal Statute
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Reporter: Patrick Fraser at pfraser@wsvn.com
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