While a mature redwood is valued at between $50,000 and $75,000, the penalty for removing a tree without a permit is a paltry $500 fine, said Ed Rast, president of the Willow Glen Neighborhood Association.

"We want to look at changing San Jose's tree ordinance so it's similar to other cities in Northern California and Santa Clara County where the penalty for removing a tree without a permit is substantially higher," Rast said. Repeat offenders should also face stiffer penalties, he said.

Broadway Avenue resident Patty Toth agreed with Rast's assessment that the fine is a mere "slap on the hand."

"Developers have to feel the pinch," Toth said. "We have to hurt their wallets to deter them from ripping trees out."

In the past two weeks, Toth has been rallying her neighbors and Willow Glen residents to urge city planners to impose a stiffer penalty after the tree was illegally removed at 1038 Broadway Ave. to make way for a single-family home. Andrew Latala, the owner of the lot and the two adjacent parcels, is planning to built three new single-family homes on these properties. Each lot is approximately 8,000 to 9,000 square feet.

At a San Jose planning director's hearing on June 15, city planners suggested the builders pay a $500 fine, and plant 10 24-inch box trees. But Toth and her neighbors argued at the meeting that these penalties were not sufficient.

The matter was resolved at a follow-up meeting on June 22, where Broadway Avenue residents asked for 10 24-inch box trees to be planted in the neighborhood and surrounding streets and another 10 to be donated to Our City Forest.

Longtime Broadway Avenue resident Lana Turner said the tree was healthy and was not in the developer's way.

"The builder of the lot should be reprimanded," she said.

At the meeting, Latala apologized for his mistake and explained he had bought the lots a few months ago, believing he had all the necessary permits to remove trees.

"My wife had several back problems and I was with her at the hospital," Latala said after the meeting. "I thought I had the permit so when my contractors called and asked to remove the tree, I gave the go-ahead."

He added he was willing to accommodate residents' demands because he wants to be a good neighbor. "I'm not the type of person who goes around ripping out trees," Latala said. "I understand the importance of preserving trees."

Toth plans to work with neighbors to identify locations where the new trees will be planted. If there is no space on Broadway Avenue for all 10 trees, Rast pledged the association's help to identify possible spots on the surrounding streets.

"If the neighbors and residents hadn't gotten involved, the owner would have walked away with a $500 fine," Toth said. "This will make people in the neighborhood feel a little better at least."

While this matter has come to a close, she said the fight for stiffer penalties in the city has just begun.

Rast said neighborhood associations in other districts have also expressed interest in teaming up to help preserve the trees in their communities.

"Part of the attraction of Willow Glen or older neighborhoods are the canopy of trees that provide cooling and shade," Rast said. "It's part of the quality of life Willow Glen residents and people interested in moving into Willow Glen desire."

Besides studying tree ordinances in other cities, Rast also wants to explore amending the city's tree removal application form to include the contractor's city and state license details.

"A person who has gone through the effort to get his state contractor's license and city license is a reputable business and is less likely to cut down trees without a permit," Rast said.

Rast also suggested the application form ask if the applicant had removed trees in the last three years without a permit. This will help the city planning department keep a closer eye on errant contractors.

"If someone's done it before, the city planners, hopefully, will be more careful in monitoring them," Rast said.

For more information about the proposed project to reexamine San Jose's tree ordinance, contact president@wgna.net.