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San Jose District 6 Councilman Ken Yeager is pushing the city to increase fines for illegal tree removal, after a slew of trees were cut down without permits in Willow Glen.
Illegal tree removal, Yeager said, has been getting worse. Since the beginning of summer, Willow Glen tree lovers have lost an acacia and a willow on Spencer Avenue and a redwood on Broadway Avenue, among others.
Willow Glen Neighborhood Association president Ed Rast said a mature redwood is valued between $50,000 and $75,000, but the penalty for removing a tree without a permit is only $500. Rast and his neighbors have been fighting for stricter fines since July.
"My main focus is making it so the penalty is so large to take down a tree illegally that it will finally prevent developers from doing it," Yeager said.
Yeager received approval from the city's rules committee to proceed. Now the city's planning department will have to draft a proposal for the planning commission to consider. Ultimately, the San Jose City Council will vote on whether a higher fine should become part of its ordinances. Yeager has also asked the planning department to involve neighborhood leaders, tree removal companies and developers in the discussion.
The planning staff will study tree removal regulations and penalties in neighboring cities when drafting a proposal. According to Rast, San Jose has one of the most lax tree fine policies in Santa Clara County, and he is in favor of stiffer fines for repeat offenders.
Nonprofit Our City Forest has also spent the past months comparing other cities' tree policies to San Jose's regulations. Santa Clara County, for example, charges $5,000 per tree illegally removed on unincorporated private property, with a possible misdemeanor charge that carries up to six months in county jail.
"In San Jose it seems easier for people to cut down a tree illegally and just pay the fine if they get caught," Rhonda Berry, Our City Forest president, said.
Along with reviewing the current fine, Yeager said the planning staff would review whether the replacement tree ratio of 4 to1 is sufficient. The city currently requires owners to replace a mature tree with four 24-inch box trees.
According to the San Jose Municipal Code, a tree removal permit from the city's planning department is required for cutting down any tree on private property that measures 17-3/4 inches in diameter and is 24 inches above the ground. In neighboring cities, property owners must apply for permits for even smaller trees. In Campbell the requirements are stricter still. A permit is required for any tree that is at least 12 inches in diameter and 4 feet above the ground.
Willow Glen residents have other issues with illegal tree removal, including the practice of chopping trees down on weekends, when San Jose code enforcement officers are not working.
According to San Jose municipal code, trees reduce the erosion of topsoil, reduce flood hazards and the risk of landslides, increase property values, and contribute to energy efficiency and the reduction of urban temperatures
Tree removals have banded neighbors together to save Willow Glen's mature trees.
In August, Larry Ames and developer Steve Chikes worked together to save a cedar tree slated for removal on Chikes' Willow Street home. Several families on Cottle Avenue banded together over the summer to fight Michael Vaggione's plans to remove a mature redwood. In September, the city denied his request.
"Trees really belong to everybody, not just the property's owners," Yeager said. "Trees are essential to our neighborhood."
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