Willow Glen Resident
News
Illegal tree-removal fine could double if approved
By Alicia Upano
San Jose's move to double fines for illegal tree removal is a step in the right direction, but doesn't go far enough for some residents.
City staff held a public meeting on April 6 to gather comments for an upcoming recommendation to the city council. Nearly 30 residents, tree advocates and arborists attended, with close to one-third of the residents from Willow Glen.
Our City Forest president Rhonda Berry, who lives in Willow Glen, said Santa Clara County can charge up to $200,000 for illegally removing a heritage tree, although no one has ever been fined. Sunnyvale levies up to $50,000 for any tree up to 38 inches in circumference, in contrast to San Jose's fines, which were well below average, she said.
Naglee Park resident John Engell said large street trees increase property values up to $20,000 and suggested the street tree fine be raised to $5,000.
"We all lose economically when a mature tree is cut down," Engell said.
He urged any new proposal to have "economic teeth."
San Jose Councilman Ken Yeager spearheaded the effort to change the tree ordinances after a number of trees were illegally cut down in District 6, which includes Willow Glen and Rose Garden. Yeager represents both neighborhoods.
The city's rules committee has proposed an increase in fines for illegal tree removal on private property from $500 to $1,000, Fines would double, up to $1,000, depending on the tree's diameter, for illegal removal of street trees. But heritage tree fines will remain at $5,000.
The rules committee suggested extending the posting period on street tree removals from seven to 14 days, so neighbors who opposed a removal could protest.
The tree removals are frequently the result of an unwitting homeowner or a contractor or tree removal company skirting the rules, said Kevin O'Connor, deputy director of the department of transportation infrastructure maintenance division.
Recently, the city began fining tree removal companies, which North Willow Glen resident Harvey Darnell has seen in action. He suggested escalated fines for repeat offenders.
For North Willow Glen residents Ed Rast and Gary Jansen, the problem with illegal tree removals comes down to enforcement. Rast said city offices are closed on weekends when many of the trees are cut down. Further, the police department does not respond to calls on the subject. Jansen said the city's staff is too small to deal effectively with the problem.
"You could make the fine $1 million, but it doesn't make a difference if they don't enforce it," Jansen said.
On the other side of the issue, Palm Haven resident Michael Borbely said the city's permit fee was too high.
San Jose charges $226 for a tree removal permit, but neighboring cities charge around $50 or nothing at all, he said. Borbely suggested lowering the permit fee, which he hoped would reduce the illegal tree removal problem.
"I think it would encourage people to work with the system rather than around it," he said.
For many at the meeting, it was about educating the community and providing better outreach about the economic and environmental benefits of a healthy urban forest.
"You can't fine people into loving trees; you need to educate them," Berry said.
The city council will tentatively review the new policy at its May 16 meeting.
