If a tree falls in the city, does Monte Sereno make a sound?
The city council sends a message that it will now
Residents ignore ordinance
By Gloria I. Wang
Monte Sereno sent a message to all existing and potential residents when city council members recently singled out homeowners and landscapers who seemingly ignore the city's tree removal ordinance.
The illegal cutting of trees is a common problem throughout the city, council members agreed, and the city should make the public more aware of the consequences.
What precipitated the discussion was an application from a resident to remove 24 trees, 11 of which already had been taken out without permission from the city.
The applicant, Terrence Schmid, said he had intended merely to remove some palm trees from his Viewfield Road property. Schmid showed the council his landscape plan, which included 25 trees to replace those 24 to be removed.
Although the council approved Schmid's application, with conditions for the size of the replacement trees, Councilwoman Suzanne Jackson said she had seen too many people buy houses in the city and then remove greenery without approval.
Jackson asked if it was possible to write a letter to the Santa Clara County Association of Realtors, mentioning the penalties stemming from illegal tree removals and including a copy of the city's tree ordinance.
Councilwoman Barbara Nesbet said, however, that the Realtors are already aware of the city's regulations. The biggest issue is not communication with the Realtors, but the landscape architects themselves.
"How do you correct that willful ignorance?" Nesbet asked.
Jackson also asked city employees if they give copies of the ordinance to those applying to do work in the city. City Manager Brian Loventhal replied that he offers relevant materials to any applicant.
City Attorney Bob Logan pointed out, however, that plenty of people who have done work within the city for years still do illegal plant removal but tell city staff that they forgot the regulations.
The solution, Loventhal said, is to improve communication with property owners and landscapers.
According to Loventhal, the city's ordinance allows "nonsignificant trees" to be removed without a permit. Oak or redwood trees less than 20 inches in circumference, any other tree less than 25 inches in circumference or less than three trees in a 12-month period all fall into that category, Loventhal said later.
Also, trees that the city determines are hazardous do not need the approval of city council for removal.
If trees are deemed by the city to have been removed illegally, the council can either require the property owners to pay a fine or replace the trees. While some council members assumed the replacement needed to be on a 2-to-1 basis, Loventhal said that, in actuality, the ordinance did not explicitly give a ratio. "It's on a case-by-case basis," Loventhal said.
Although the civil penalties vary, Loventhal said that criminal charges are always filed against the violators. The city issues criminal infractions against those property owners, which result in fines.
"They will get essentially what amounts to a traffic ticket for each of those tree removals," Loventhal said.
At least once a year, through the city newsletter, the city actively tries to inform applicants of the ordinance and consequences of illegal tree removal, but according to Loventhal, violators nonetheless frequently claim they didn't know of the ordinance.
"It's human nature to claim ignorance," Loventhal said.
Los Gatos, California Since 1881
