March 9, 2006

City officials consider stiffer penalties
for illegal removal of street trees

Property owners and tree companies
could pay up to $1,000 in fines

By Sheila Sanchez
Editor

Next time you want to ax that heavy-foliage street tree, think again.

City officials are considering imposing stiff penalties on those who mutilate trees without proper permits.

The proposal, considered by the city’s Rules Committee March 1, will also target the tree companies performing the butcher work. The San Jose City Council is expected to vote on the proposal during its March 21 meeting.

The move will protect the estimated 300,000 street trees in the city as well as large trees on private property.

Those who illegally remove private property trees 18 inches or greater in trunk diameter could see an increase in the fine from $500 to $1,000. The fine for illegally removing a street tree less than six inches in trunk diameter could jump from $300 to $600. Fines could be increased as high as $1,000 depending on the street tree trunk diameter.

San Jose City Arborist Ralph Mize, Department of Transportation, and officials for the Department of Planning, Building and Code Enforcement recommended the penalty increase as well as an increase in the posting period for street tree removals from seven to 14 days.

Mize spoke about the proposed penalties and restrictions during a Feb. 28 VEP Community Association meeting at Gunderson High School.

He also said the city has restrictions for those who improperly prune their trees, warning against the so-called topping of trees or the practice of cutting trees’ branches to the stubs.

Mize said topping adversely affects the tree’s health and often leads to large growth of vigorous sprouts that are not well attached to the main branches of the tree.

“We want to discourage people from topping their trees,” Mize said showing a picture of a disfigured tree. “We also want to discourage the illegal removal of street trees.”

Presently property owners must obtain a permit to remove any street tree taller than six feet in the public right of way next to their property. Currently DOT can issue a free street tree removal permit if the tree meets the removal criteria in the Municipal Code after a seven-day posting on the tree. That will increase to a 14-day posting if the City Council accepts the recommendation.

The fine for illegally removing a street tree currently varies from $300 to $500, depending on the size of the trunk’s diameter. The fine for removing a Heritage Tree is $5,000.

Property owners must also obtain a permit to remove any tree 56 inches or greater in tree trunk diameter on private property. There is no fee for this permit if the tree is already dead.

However, if the tree is living, a public hearing is required and city planners can assess a public noticing fee. The fine for the illegal removal of a private tree is $500.

Last fall, Councilman Ken Yeager recommended the Rules Committee direct staff to work with his office on proposals to increase the illegal tree removal fines throughout the city and bring the recommendations to the city council for consideration.

During fiscal year 2004-05 the DOT issued 65 citations for the illegal removal of trees and city planners received 23 complaints alleging the illegal removal of trees from private property, resulting in four citations.

According to Mize, small tree contractors, unlicensed workers or property owners performed most of the illegal tree removals.

City officials contacted eight California cities regarding their tree removal process and learned that fines for illegal tree removals vary from a high of up to $50,000 in Sunnyvale and to San Jose’s $300. The city has not adjusted its fines for illegal tree removal in five years.

The increase in illegal tree removal fines is being supported by Our City Forest, a nonprofit tree planting organization in San Jose that helps neighborhoods, schools and parks plant trees.

Our City Forest arborist Christian Bonner (standing) called the illegal removal of street trees a ‘little bit of an epidemic.’ Photo by Sheila Sanchez

Mize also said property owners are also responsible for maintaining street trees making sure tree branches are at least eight feet above the sidewalk and 13 feet above the street.

Property owners are also responsible for keeping sidewalks in non-dangerous conditions. The city can work with the DOT’s sidewalk section to notify the property owners to prune back the ground cover, bushes or trees in the park strip.

Christian Bonner, an arborist with Our City Forest, also cautioned against illegal tree pruning and removal.

“If you see these topped trees in the community let them know why it’s not wise,” Bonner said. “It’s a little bit of an epidemic.”

Mize said residents who report illegal tree removal remain anonymous and only need to provide to the DOT an address so an inspector can contact the property owner and alert them that the tree removal is illegal.

Marilyn Rodgers, vice president of the VEP Community Association, said many residents in Blossom Valley are wondering how to care for their mature trees.

“There’s a lot of confusion about who’s supposed to do what,” Rodgers said, adding that after the New Year’s storm many trees were uprooted and damaged provoking discussion about what to do to protect them further.

Trees can be pruned about a third of the diameter from the stem being removed so that new growth can be channeled and an appropriate canopy can develop.

Proper pruning is important because trees add beauty, enhance property values, give privacy, cool homes during summer and protect them from the wind. Trees also clean the air, produce oxygen and attract wildlife.

To obtain free street tree pruning, planting and removal permits, contact the City Arborist Office, 1404 Mabury Road, San Jose, Calif., 95133, at (408) 277-2762. For private property tree removal permits, contact Planning at (408) 535-3555. For more information on Our City Forest, visit www.ourcityforest.org or call (408) 99-TREES or 998-7337.