Oakland says $915,135.40 is the penalty for removing 38 protected trees from a hillside lot on Claremont Avenue, a fine the City Council approved on a 5-3 vote. The owners, Matthew Bernard and Lynn Warner, say fire officials told them to clear dead trees from the property, and they are now challenging the fine in federal court. The case puts a city tree ordinance, a wildfire-prone slope and a very large number side by side.
What the $915,135.40 fine covers and how the council voted
According to KQED, Bernard and Warner own a hillside lot of more than 11,700 square feet on Claremont Avenue, across from Garber Park. The city counts 38 legally protected trees removed on and around the property, including old-growth coast live oaks. Several were in a neighbor’s yard and one stood on government-owned land. Public Works staff set the amount based on species and stump diameter.
The city’s council agenda item lists the violation as illegally removing thirty-eight protected trees and cites Chapter 12.36.150 of the Oakland Municipal Code. Public Works recommended finding the owners in violation, imposing the penalty, holding building permits for the property and placing a lien on it until the penalty is paid in full.
The vote took three hearings. The council deadlocked on April 14, and KTVU reported that the later 5-3 vote made the fine a record. Councilmembers Janani Ramachandran, Noel Gallo, Kevin Jenkins, Zac Unger and Charlene Wang voted yes. Rowena Brown, Carroll Fife and Ken Houston voted no, according to KQED…