Property rights to trim a tree

Every local governemt has a code of ordinances which usually includes standards for maintaining landscaping on private property. Most local governemnts have adopted ordinances which impose trimming requirements and prohibitions, including what is commonly referred to as "hatracking" (as opposed to trimming the internal branches and limbs of the tree, the entire top and sides are cut off forming a rectangular appearance of the tree and making it top heavy and subject to toppling in a storm and more prone to disease). When you were cited, you had the opportunity to contest the citation and appear before the code enforcement board. The board determines whether you have violated the code of ordinances and if so, how much time you have to correct the violation, and if it is not timely corrected, how much of a fine will be imposed on a daily basis until the violation is corrected. The procedures for the board are set forth in the ordinances and in Chapter 162 of the Florida Statutes. From your question, it appears that you did not contest the citation to challenge whether you hatracked the tree, if hatracking is indeed prohibited by the ordinances. Thus, you have probably waived any claim you might have had. You could probably still challange the reasonableness of the ordinance in a suit against the City, but that would probably not result in a monetary recovery for you (and you would probably not prevail because arborists are on record as supporting a prohibition against hatracking for the reasons stated above). There was also nothing wrong when the City employee cited you for hat racking when he was called to your property for another matter. There is usually no statute of limitations applied for code violations and a city employee is under an obligation to report code vioaltions when they are observed.

Mr. Rubin provides an excellent answer on the legalities as they exist under current case law. Does this infringe on what the founders of the US would consider legitimate private property rights? That's a matter of opinion. My opinion is the same as what I suspect yours is. Unfortunately, most folks care more about "property value" than the rights of private property, so we get the rights regime we now have. I am sorry to hear that you encountered an expense due to having the temerity to trim your own tree on your own land. (That's not to say I think 'hatracking" is a good idea, just like I don't think a lot of what people should be free to express is wise, kind, true, etc.) Please note that nothing herein is or may be relied on as legal advice. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.