Rose Garden Resident

News

Chop down a tree illegally; it's going to cost big bucks

By Alicia Upano

Tree advocates got their wish. Anyone chopping down a tree illegally will have to dig deep to pay the fine.

The San Jose City Council unanimously approved a change in the ordinance May 23 that will more than double the fines for homeowners and tree-removal companies illegally cutting down a tree. The amended ordinance also provides steep fines for repeat offenders, up to $6,000.

Councilman Ken Yeager, in response to area residents who pushed for the stricter fines, spearheaded the effort. In the Willow Glen and Rose Garden neighborhoods, numerous trees were illegally chopped during in 2005 and the beginning of 2006. Residents said the former $500 fine was not stiff enough to deter offenders.

"Many of the residents felt their streets had been violated, damaged in a way that could not be repaired," Yeager said.

Yet property owners cited for illegal tree removal in the 2004-05 fiscal year claimed they did not know about the permit requirement, according to a city memo. Most of the illegal removals were done by small tree-service companies, contractors, unlicensed workers and property owners.

"I think the real issue is outreach and education," Councilwoman Linda LeZotte said.

Referring to the tree-removal companies, she added, "I think they're taking advantage of seniors and taking advantage of people who just don't know."

Kevin O'Connor of the San Jose Department of Transportation, which is responsible for issuing street tree permits, said the city would alert tree-removal companies to the new fines. Further, the city plans to use the increase in fine revenue to fund outreach efforts with Our City Forest. The city expects a revenue boost of $30,000 to $100,000 through the collection of increased fines.

Yeager has also suggested the creation of a tree-removal hotline, restoring an arborist technician position to better track trees, and exploring ways to use fees to lower or eliminate the $226 permit fee for the removal of private-property trees. Residents previously said the high permit fee discourages people from applying for tree-removal permits.

Councilwoman Madison Nguyen supported Yeager's suggestion that an effort be made to educate and help low-income residents who violate the new tree ordinance and are unable to pay the fine.

Resident Ed Rast encouraged the city to look ahead and explore illegal tree pruning and code enforcement on Sundays and after hours. Many of the removals happen on weekends, residents said, when the city is closed. To reduce this problem, code enforcement has recently added an on-call code enforcement inspector to work Saturdays.

To report an illegal tree removal in progress, call the city's 24-hour call center at 408.535.3500. For street tree permits, call the city arborist at 408.277.2762, and for private property trees, contact the planning department at 408.277.4528.