Oakland property owners Matthew Bernard and Lynn Warner face a record-breaking $915,000 penalty after the city council voted 5-3 to impose fines for illegally removing 38 protected trees from their Claremont Avenue property between 2021 and 2022.

Property Owners Defy City Warnings

City workers first responded to reports of illegal tree removal on February 2, 2021, at a vacant lot adjacent to 7401 Claremont Avenue. Officials discovered eight mature trees already removed or in the process of being cut down. Records show Bernard was caught operating a chainsaw on the property. When city tree services staff attempted to intervene, Bernard forcefully told workers he would not recognize their authority or jurisdiction over his private property and refused to halt the removal work.

City records document multiple subsequent illegal tree removal incidents on the same property throughout 2021 and 2022. Most of the removed trees were oak species protected under Oakland’s municipal tree ordinance. Despite repeated warnings from city employees, the property owners continued removing trees without obtaining required permits. City officials attempted multiple times to enforce compliance before escalating to the council vote.

City Council Takes Historic Action

Councilmember Janani Ramachandran, who represents District 4 where the property is located, brought the motion to impose the fine. She described the case as the most egregious tree removal violation in Oakland’s history. Ramachandran emphasized the city’s name itself reflects its oak tree heritage, noting Oakland currently has fewer than 4,500 oak trees remaining due to decades of development and destruction. The councilmember stated the unprecedented fine sends a clear message that Oakland will hold accountable those who flagrantly disregard environmental protection laws.

Private Property Rights Meet Environmental Law

The case highlights the ongoing tension between private property rights and municipal environmental regulations. The nearly one million dollar penalty represents the largest fine Oakland has imposed for tree removal violations. Bernard and Warner could not be reached for comment regarding the council’s decision or whether they plan to appeal the fine. The vote split 5-3 suggests some council members held different views on the appropriate penalty or the city’s enforcement authority over private property tree management decisions.