4-27-15 Handout - Margo Mudge Page of 5
Incident Offense Report Agency Report Number
Additional Narratives 15-05213
INFORMATION 15-05213
r`tlm. C:S.Iamison 41419
' 4/6/2015
On 4/6/15 at approximately 5:40am,I was dispatched to 1549 Ocean Blvd in reference to a dispute. Dispatch advised there
was an argument over contractors cutting down a tree. On arrival,I met with the complainant,Tames Mudge, and his wife,
Margo Mudge. The:nudger explained a tree growing from their property was about to be cut down by contractors working
at a house under construction on 15th St that abuts their property. Mr.:Mudge took me to the back yard and pointed out the
tree to me. I observed a tree growing on his property next to his fence, The tree extended over the fence and grew vertically
Z but also south and hung over the back yard of the neighbonng house. The:Sludges explained the contractors were planning
on cutting the tree at the property Iine and removing all portions of the tree that hung over their property. The I\iudges
stated there have been previous disputes and arguments over trees with the builders and he had spoken with Derek Reeves
with the City of Atlantic Beach. He said Reeves told him no one was authorized to cut the tree down. The:sludges said they
attempted to call Reeves but were unable to reach him. They then called police because they were worried the contractors
would cut the tree down before anyone from the city responded.
I went to the house being built and identified it as 195 15th St. I met with jack Ocossi. His company,Ossi Homes and
Development,OW115 195 15th St currently during the construction. Ocossi stated he was assigning a contractor to trim the
tree extending over the fence over the back yard of 195 15th St because it was touching the home and debris would fall into
the yard. He said his intention was to trim it at the point where the tree extended over the fence. He stated he was not
intending to kill or destroy the tree and only wanted to prune the portion of the tree over his property. He invited me into
the back yard to see where that was. Ocossi pointed out the location where the tree extended over the fence which was the
main trunk well below any green growth on the tree. I stated I thought that would result in the death of the tree and Ocossi
said he thought it would be able to grow back. He said he had contacted Derek Reeves also and was told he did not need an-°
permit to prune trees and was permitted to trim portions of trees that extended over his property line.
I was unsure what the municipal guidelines on tree cutting were. I contacted dispatch and requested she contact Derek
Reeves at City Hall and have him respond to the scene. Dispatch advised Reeves had been contacted and was en route to the
location. ‘Then Reeves arrived,I Yearned he was the planning and permits coordinator in the Building Department. I spoke
with Reeves and briefed him on the situation. Reeves examined the tree from both 1549 Ocean BIvd and 195 15th St. Reeves
concurred with my opinion that the location Ocossi wanted to cut the tree would result in its death and he told Ocossi he
could not cut the tree there without a permit. He also told him that because the tree was growing from 1549 Ocean Blvd,he
couldn't request a permit to remove it because it wasn't on his property. Reeves said Ocossi could trim it and gave
instructions to him and several workers who would he trimming the tree on what branches could and couldn t be trimmed.
Ocossi asked what would happen if he did cut the tree down at the fence as he originally planned and Reeves told ham he
would be fined by the city for cutting down a tree without a permit. I additionally told Ocossi that as the tree was growing
from 1549 Ocean Blvd,if he cut it and it died he would be civilly liable and criminally Iiable for criminal mischief as it was
not his tree. Ocossi said he would not trim it. He said he would be consulting an attorney because he felt his property rights
on his side of the fence were being infringed on. I told him I was unsure how trees were addressed in regards to property
rights and what citizens could and couldn't do to trees that are from one property over another. Reeves explained to him that
pruning and trimming was permitted,however,if the tree would die as a result,a permit was required by aty code. Ocossi
stated he understood and agreed this was an unclear issue. Ocossi also informed me he and workers at the home had had
several run-ms with Mr. Mudge and that Mr. fudge had threatened them and threatened to 'bum the house down they
were building if they touched his tree. He asked I address that and requested increased patrols.
Reeves and I met with the:Nudges and explained what we had discussed with Ocossi. The sludges were satisfied with our
determination and agreed that the tree could be trimmed;however not where Ocossi wanted to cut it because it would kill
the tree. I asked Mr.Mudge if he had ever threatened any workers or threatened to burn the house down and he
emphatrcaihy denied doing anything like that. I explained I was told that and needed to ask. He said the workers were just
saying that and he would never threaten anyone. I explained to Ocossa and the sludges I would write an incident report to
document the incident and told both to call police if there were any further issues or disputes over the trees.
After I Left the scene,I informed Sgt.3e:sic,Lt.Cameron,and Cdr.Gualillo of the incident and that future disputes over the
Jy /may A'�'/4' �t�'Jy�E/({d
ATTORNEYS AND COUNSELORS AT LAW
R.R.CRABTREE 8777 SAN JOSE BOULEVARD
CHARM W.BROWN,JR. BUILDING A,SUITE 290
ZACHARY C.CRABTREE JACKSONVILLE,FLORIDA 32217
RACHEL R.TUBE
TELEPHONE(904)732-9701
A.K.CRABTREE,JR. TFF.ECOPIER(904)732-9702
(192¢1995)
April 7,2015
RE: 195 15th Street,Atlantic Beach,Florida 32233
Encroaching Tree Limbs From Adjacent Property
Dear Sir or Madam:
By way of introduction,we-represent the interest of Ossi Development,Inc.in regards to
the above referenced property. It has come to our attention that an encroaching tree is hanging
onto my client's property at the rear end of the house. Under Florida law, a property owner is
privileged to cut back or trim any and all tree roots,branches, limbs, or brush that is encroaching
onto_their property. Gallo v. Heller, 512 so. 2d 215 (Fla. 3d DCA 1987)(citinq Richmond v.
General Eng'g Enters Co„454 So. 2,1 16, 17(Fla. 3d DCA 1984). hi fact,Florida courts find it
unnecessary and"a waste of judicial resources"to bring such actions at law when a property owner
can resort to self-help by trimming the encroaching or overhanging limbs. Id.However,while a
property owner may trim any encroaching or overhanging limbs,this must be done at the expense
of that property owner. Id. This law is well settled in Florida and no Florida court has ever .
overturned or ruled against the above cited cases. .
When analyzing the above case law,my client has a legal and lawful right to trim any and
all limbs overhanging onto their property. The tree at issue is adjacent to my client's
fence/property line at the rear end of the property whereas the encroaching tree limbs almost touch
the exterior walls of the house. As stated in the case law above, there is a privilege of owning
property where you have a legal right clean up any overhanging limbs, brush, or vegetation on
your property. This also includes air space, as each person in Florida who owns a piece of land
also owns the air space above their land to a reasonable degree. Further,my client has contacted
the City/County who made them aware that there are no City/County Ordinances prohibiting the
trimming of said limbs. This legal right applies to all Florida property owners and cannot be
prohibited from an adjacent lot owner whose tree the property happens to lie on.
•
If you have any questions in regards to this letter,please do not hesitate to contact me. I
will be happy to speak with anyone in regards to this matter,and I look forward to helping resolve
this matter amicably.
Sincerely yours,
Zachary C.Crabtree,Esquire
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