Although “There is nothing in the code book that says you cannot trim there are laws that you can’t cut them down without a permit … and the city recommends if you’re going to be working on protected trees” that the proposed work be reviewed by a licensed arborist.“By the same token, property owners are responsible for the trees on their property and if they do go over a neighbor’s property and causes damage the tree’s owner is liable.”And even professional trimming will not protect the tree owner from liability if there is later damage to a neighboring property.A neighbor can have the branch trimmed but Asst. Chief Fildes they must be proactive and first have an arborist’s report “Because if that tree dies then they’re liable for it.”There are hazards that can bring a city ordered trimming or removal: “Tree limbs growing over chimneys are a fire hazard,” as branches must be at least 10 feet from the smokestack.Diseased trees in danger of falling must be removed.Insurance companies, noted Asst. Chief Fildes, are not inclined to continue coverage on buildings with a tree branch extending over it.“Let’s say it’s your oak tree coming over my house … if I say I’m worried about it you would have to get an arborist out there” to determine if the tree is healthy and can be trimmed to relieve stress.And, noted Asst. Chief Fildes, “If the arborist says it has to go,” to ensure safety “it has to go … ”Limb removal can lead to disease that could threaten the entire tree, the “Main reason,” he added, “to call in a professional arborist” to evaluate the situation.If anyone has questions Asst. Chief Fildes suggests they visit Fire Inspection Services, located at 210 N. 10th St. for more information or to pick up a list of mostly local arborists.
Trimming of oak limb by neighbor shows how tricky situation can be
April 22, 2009
Santa Paula News
An oak tree branch extending over a neighboring house and removed without the tree owner’s permission points out how tricky such a situation can be, according to a Santa Paula Fire spokesman.
By Peggy KellySanta Paula TimesAn oak tree branch extending over a neighboring house and removed without the tree owner’s permission points out how tricky such a situation can be, according to a Santa Paula Fire spokesman.The recent incident occurred in the Oaks when the tree’s owner, Jeff Cowan came home and discovered that a neighbor was removing the approximately 10-inch diameter branch that extended over her house.Cowan said the 200-plus-year-old oak extended over the property line by about 20-feet.“He’s a big one,” Cowan said of the tree. “I can’t even put my arms around the base,” of the tree, higher than Cowan’s two-story residence with a “drip line easily of 75 to 100 feet.”The neighbor who had the branch removed did not retain the services of an arborist and Cowan said an unlicensed contractor was used for the work.A stop work order was issued by the city while the incident was investigated; Cowan was advised to have an arborist examine the tree for possible damage, an expense he believes should be borne by the neighbor.The branch had been trimmed in September when the neighbor expressed concerns to Cowan that it could fall onto her roof.An arborist evaluated the situation and a crew pruned the branch, work that Cowan said cost him $500 but still did not satisfy his neighbor.Cowan said if the neighbor had retained the services of an arborist and had a licensed contractor remove the branch “I wouldn’t have cared … but I wouldn’t want this to happen to anyone. I’m not the owner of that tree, I’m the steward.”In Santa Paula, both oak and sycamore trees are protected species according to Assistant Fire Chief Kevin Fildes.