According to the San Jose Municipal Code, a tree removal permit from the city's planning department is required for the removal of a tree on a private property that measures 56 inches or more in circumference from 24 inches above the ground.

Residents believe the two trees on Spencer Avenue, a willow and an acacia, were ordinance size, if not larger.

"The trees were one of the best things about the house," Spencer Avenue resident Kristina Trconic said. "It provided shade and cooling. All they needed was trimming."

Ed Rast, a Spencer Avenue resident and president of the Willow Glen Neighborhood Association, who was walking his dog that same morning, tried to stop the crew from cutting the tree down. Ken Eklund, president of the North Willow Glen neighborhood association, who was also present, took pictures and filed a complaint with the city's code enforcement department.

"We talked to both the owner and the tree-cutting company to find out if they had permits," Rast said. "They refused to stop even though they didn't have a permit."

As the trees were being cut down, power lines were snagged, causing power to go out for at least a hour on the street.

Tom and Jeanette Flowers, who have owned the house since the 1960s, but have been renting it out, said they were unaware a permit was needed to cut trees on their property.

Flowers, a World War II veteran, said he decided to cut down the trees after a former tenant informed him that one of the willow tree branches fell and nearly hit two girls playing close by.

"It was dangerous," Flowers said. "I was more concerned about people getting hurt than the trees."

Flowers added that the acacia tree, which he had trimmed previously, was rotting from the inside.

"One tree had the tendency to drop its limbs unpredictably and the other was rotting," Flowers said. "I thought it was good time to remove them since the tenant had moved out and the house was vacant."

Flowers, who plans to plant two new trees on his property to replace the ones removed, said he would have followed the procedures if he had known about it.

"There are so many ordinances, it's hard to know all of them," he said.

A San Jose code enforcement officer inspected the site on June 26, after the department received complaints from residents, code enforcement supervisor Diane Buchanan said.

She added that the department issued a $500 citation and is requiring the owners to apply for a tree permit. Although it is too late to save the trees, the permit process is necessary to determine what should be done next. The planning department will decide what the owners have to do to mitigate the removal of the trees, Buchanan said.

Rast recently started a project to reexamine the city's tree ordinance, so it could be updated to match those of other cities. He said the city and neighborhood associations need to step up their efforts to educate residents about tree removal permits and requirements

"People in this community like trees," Rast said. "You can make people pay a fine when they remove trees without a permit but it won't bring the tree back."