Top 44 Trees, Pay $57,000

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treeseer

Advocatus Pro Arbora
Joined
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se usa
Maturing willow oaks rounded over, no cuts >4".
Big fines for bad tree cuts
Raleigh tells Leith to pay $57,000
Raleigh has fined Leith BMW on Capital Boulevard for improper pruning.

A tree service swept through the lots of Leith Auto Center on Capital Boulevard, chopping branches from 44 trees.

Those who did it call it pruning. City foresters consider it a hack job.

This week, the city fined the dealership $57,000. That's the largest fine for illegally pruning trees in the city. In fact, it's one of the heftiest fines levied by the city for any kind of violation.

And "there's a potential for this to happen to anybody," Andy Gilliam, a city forestry specialist, said of the fine.

At Leith's Honda, BMW and Mercedes-Benz dealerships, the tops of dozens of trees still look as if they've been shaved. Keith Elks, a representative of Leith, said the pruning happened last spring or summer.

The dealership is figuring out what to do next. The fine can be negotiated with the city attorney's office, which sometimes reduces fines depending on the circumstances.

"Our landscape company did this, and the pruning was just part of their regular maintenance," Elks said. "I don't know how to say it. It's just routine. Obviously they pruned more than allowed, and they didn't know and neither did we."

It is the latest violation of the city's pruning ordinance. And city officials promise they're going to be more vigilant in enforcing the law, which is about a dozen years old. The city has tripled its staff of forestry specialists, adding two new staffers last year.

The rules in Raleigh

The city's rules apply to trees required by the city's landscape ordinance -- typically trees planted by businesses in parking lots or along a street. It also could apply to trees in common areas in subdivisions. Most homeowners, unless they own more than two acres, don't have to comply with the rules on their property.

The ordinance's goal is twofold: to improve the aesthetic of the city and keep its trees healthy. It aims to protect the natural size and form of a tree. It limits how much of a tree's crown can be cut off and guides how trees can be pruned. Improper pruning can lead to diseased trees and dead ones.

City rules also require a permit and mandate the work must be done under the supervision of a certified arborist. Only a couple of dozen permits are issued each year, so city officials believe most pruning happens without permits.

Typically, chopping limbs larger than 3 inches in diameter to stubs is considered poor pruning.

Property owners usually get in trouble when they go with the cheapest bid from a tree service that might not be knowledgeable about how to properly prune a tree and what the ordinance allows, said Chris Crum, a city forestry specialist.

Others are just trying to cut away the trees to get more visibility for their business, Gilliam said. "Everybody says they weren't aware of it," he said. "The fact is, these are trees required by city zoning code, and they are regulated."

Problem trees are easy to spot. They're the ones with few limbs and chopped off branches.

The practice is sometimes called "hat racking," because badly pruned trees often end up looking like hat racks.

Some recent violators

In December, the city fined Ray Price Harley-Davidson for cutting off the tops of seven maples and eight Chinese Pistache trees. Trees were pruned to just below the wide orange stripe that rings the building. The dealership was fined $10,700, though the final penalty is still being determined.

A representative for the dealership refused to comment.

A Jiffy Lube on Atlantic Avenue, a World of Floors on Glenwood Avenue and a Comfort Inn on Capital Boulevard all are recent offenders. Messages left at the stores or their corporate offices were not returned.

Property owners aren't the only pruning abusers. In 2004, the city fined itself $9,400 for illegally pruning 11 trees on West Street.

The city doesn't keep the fines, however. The law requires that they be sent to Wake County schools.

In some cases, when more than half of the tree's crown is removed, business owners are required to plant new trees -- another expense on top of the fine. If they can't replant all the trees on the property, they must pay a fee to the city. That money goes toward NeighborWoods, the city's street tree-planting program.

Gilliam said property owners can avoid bad pruning by hiring a certified arborist and asking the city what is allowed.

"If you're unsure, call us and ask us what the regulations are," he said. "I've met with businesses and tree services who want to have their trees pruned and literally have been afraid to do it because they heard of these large fines."
 
Trinity Honoria said:
treeseer,
did you have any influence on the city ordinances???

Very little; I don't live in the city so input was limited. Writing the ordinance was a 3-year snakepit, with neighborhood people dropping out of frustration so the process was dominated by the development lobby. It now reads that landscape architects and registered foresters are on a par with certified arborists when it comes to specifying tree care, which is ludicrous but those lobbies came in with force and apparently had to be appeased. It also misquotes ANSI.

As defective as it may be, I'd still like to see it fairly enforced.
 
Not here to justify topping, you know what a hack I am, but this is something much bigger than trees, this is on private property, no? Land of the free mean anything to you? Where does it stop, Hilary Clinton is back,"it takes a village to raise a tree"
 
That's awesome!

Of course it's an obligation for property owners, but so are ordinances that require X amount of green space per square foot of asphalt. Or requiring people to plant trees in their front yards, etc, etc, etc. All routine, accepted requirements. Why not make sure they're healthy? :)
 
TreeCo said:
We have lots of limits on private property rights here in the USA.
Sometimes what is better for the most people takes precedence over individual property rights. I for one am glad to see it. Just like power transmission clearance takes precedence over the tree owners rights......and it's a good thing it does.

Dan
That is the way it is supposed to be, just try removing danger/hazard trees and see what people think. In Langey, BC the treeehuggers have been trying to get a tree bylaw going for a while now. The mayor said "Every time we talk about tree bylaws, the chainsaws start up"
Fine line between the "right thing" and too much govt. meddling.
 
I live in Moorestown NJ and we have a local ordinance. One of the guys on the town council told me how this ordinance lost the town more trees than it saved. Say your building a house or 60 homes do you clear the land or try to work around the trees? With an ordinance in place it pays for the builder to get a blanket order to clear the land and start from scratch instead of trying to leave them, running into a building problem, and then going through the hassle of getting permit after permit.
 
thanks

treeseer said:
Maturing willow oaks rounded over, no cuts >4".
Big fines for bad tree cuts
Raleigh tells Leith to pay $57,000
Raleigh has fined Leith BMW on Capital Boulevard for improper pruning.

A tree service swept through the lots of Leith Auto Center on Capital Boulevard, chopping branches from 44 trees.

Those who did it call it pruning. City foresters consider it a hack job.

This week, the city fined the dealership $57,000. That's the largest fine for illegally pruning trees in the city. In fact, it's one of the heftiest fines levied by the city for any kind of violation.

And "there's a potential for this to happen to anybody," Andy Gilliam, a city forestry specialist, said of the fine.

At Leith's Honda, BMW and Mercedes-Benz dealerships, the tops of dozens of trees still look as if they've been shaved. Keith Elks, a representative of Leith, said the pruning happened last spring or summer.

The dealership is figuring out what to do next. The fine can be negotiated with the city attorney's office, which sometimes reduces fines depending on the circumstances.

"Our landscape company did this, and the pruning was just part of their regular maintenance," Elks said. "I don't know how to say it. It's just routine. Obviously they pruned more than allowed, and they didn't know and neither did we."

It is the latest violation of the city's pruning ordinance. And city officials promise they're going to be more vigilant in enforcing the law, which is about a dozen years old. The city has tripled its staff of forestry specialists, adding two new staffers last year.

The rules in Raleigh

The city's rules apply to trees required by the city's landscape ordinance -- typically trees planted by businesses in parking lots or along a street. It also could apply to trees in common areas in subdivisions. Most homeowners, unless they own more than two acres, don't have to comply with the rules on their property.

The ordinance's goal is twofold: to improve the aesthetic of the city and keep its trees healthy. It aims to protect the natural size and form of a tree. It limits how much of a tree's crown can be cut off and guides how trees can be pruned. Improper pruning can lead to diseased trees and dead ones.

City rules also require a permit and mandate the work must be done under the supervision of a certified arborist. Only a couple of dozen permits are issued each year, so city officials believe most pruning happens without permits.

Typically, chopping limbs larger than 3 inches in diameter to stubs is considered poor pruning.

Property owners usually get in trouble when they go with the cheapest bid from a tree service that might not be knowledgeable about how to properly prune a tree and what the ordinance allows, said Chris Crum, a city forestry specialist.

Others are just trying to cut away the trees to get more visibility for their business, Gilliam said. "Everybody says they weren't aware of it," he said. "The fact is, these are trees required by city zoning code, and they are regulated."

Problem trees are easy to spot. They're the ones with few limbs and chopped off branches.

The practice is sometimes called "hat racking," because badly pruned trees often end up looking like hat racks.

Some recent violators

In December, the city fined Ray Price Harley-Davidson for cutting off the tops of seven maples and eight Chinese Pistache trees. Trees were pruned to just below the wide orange stripe that rings the building. The dealership was fined $10,700, though the final penalty is still being determined.

A representative for the dealership refused to comment.

A Jiffy Lube on Atlantic Avenue, a World of Floors on Glenwood Avenue and a Comfort Inn on Capital Boulevard all are recent offenders. Messages left at the stores or their corporate offices were not returned.

Property owners aren't the only pruning abusers. In 2004, the city fined itself $9,400 for illegally pruning 11 trees on West Street.

The city doesn't keep the fines, however. The law requires that they be sent to Wake County schools.

In some cases, when more than half of the tree's crown is removed, business owners are required to plant new trees -- another expense on top of the fine. If they can't replant all the trees on the property, they must pay a fee to the city. That money goes toward NeighborWoods, the city's street tree-planting program.

Gilliam said property owners can avoid bad pruning by hiring a certified arborist and asking the city what is allowed.

"If you're unsure, call us and ask us what the regulations are," he said. "I've met with businesses and tree services who want to have their trees pruned and literally have been afraid to do it because they heard of these large fines."
awesome thankyou tree seeer appreciate the sharing
 
bad practice

clearance said:
Not here to justify topping, you know what a hack I am, but this is something much bigger than trees, this is on private property, no? Land of the free mean anything to you? Where does it stop, Hilary Clinton is back,"it takes a village to raise a tree"
its a bad practice , city dollars from taxes should be spent on proper pruning
 
money

Farmer Ferd said:
I live in Moorestown NJ and we have a local ordinance. One of the guys on the town council told me how this ordinance lost the town more trees than it saved. Say your building a house or 60 homes do you clear the land or try to work around the trees? With an ordinance in place it pays for the builder to get a blanket order to clear the land and start from scratch instead of trying to leave them, running into a building problem, and then going through the hassle of getting permit after permit.
hopefully the developer wil realize that by saving mature trees he will be able to sell the houses for more money. treeseer has shown these small victories are turning the tide of crap work
 
really

TreeCo said:
These weren't city dollars. These were trees on private property from what I understood.
wow i got so pumped i didnt read it all
 
nice

TreeCo said:
....and there may be even more to the story.

Treeseer has been seen test driving a Benz!:)
sweet billable consultant hrs if ya can getr
 
teeth

TreeCo said:
These weren't city dollars. These were trees on private property from what I understood.
gotta luv it when da law has teeth
 
Property owners aren't the only pruning abusers. In 2004, the city fined itself $9,400 for illegally pruning 11 trees on West Street.


This is hilarious! Can't you just see what Monty Python would do with this bit?


Bad city! Bad! Bad!

:D
 
So Guy,
What's your part in this? Are you assisting the city in their prosecution of this case? I was under the impression that you typically approved of 'crown reduction' pruning. You seem to recommend it every chance you get. I suspect you are of the opinion that the hack job "isn't all that bad" and "won't really hurt the trees". Why not go to bat for the car lot owners?

:popcorn:
 
Farmer Ferd said:
With an ordinance in place it pays for the builder to get a blanket order to clear the land and start from scratch instead of trying to leave them, running into a building problem, and then going through the hassle of getting permit after permit.
Sounds like you need to round out that ordinance to make it harder to clear cut the whole place!
 

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