Wednesday, September 16, 2020 The Nugget Newspaper, Sisters, Oregon
TREE CUTTING:
Contact City before
doing any cutting
Continued from page 1
did not hold a current City
business license at the time
the tree was cut down and
faces a $100 fine for that
infraction.
The healthy tree was
deemed to contribute to the
city landscape by providing
shade control, positive effect
on property values, and gen-
eral aesthetics. A formula,
developed by the Council
of Tree and Landscape
Appraisers (CTLA) that
derives an appraised value
from a loss of or damage to a
tree, was used to determine a
dollar amount for restitution.
The formula includes the
basic minimum replacement
cost, the cross-sectional area,
the species of the tree, as
well as the tree9s condition
and location. The formula
used by the City Forester,
Dan Galecki, indicated that
the total value of the tree
came to $26,865.
Section 8.15.180(2) of
the Sisters Municipal Code
prohibits trimming or cut-
ting trees in the right-of-way
without first obtaining the
City9s permission. Violation
of that code makes a person
subject to a fine not to exceed
$500 per violation. On top of
the fine is the actual value of
the removed tree determined
by the above formula.
The part of the law the
City is not enforcing in this
case is the Oregon Revised
Statute (ORS) 108.810,
which states that any per-
son who unlawfully removes
trees from the property of
another, which includes trees
within public right-of-way,
is liable to the tree owner for
three times the value of the
removed tree. According to
that same statute, a timber
trespasser may also be liable
for investigation costs, court
costs, attorney fees, and
reforestation expenses.
Upon receipt of the
demand letter, the home-
owner contacted the City,
admitted he was in the
wrong, wanted to make
things right with the City,
and avoid legal costs. He
and City Manager Cory
Misley had several meetings
and reached what was deter-
mined to be an equitable
compromise. Misley tried
repeatedly to reach Cascade
Tree Works and has only
been able to have a brief
conversation.
Cascade Tree Works
stated that if the City
demanded the full $26,865
amount, they would involve
their lawyers and that was
the last word from them. At
this time, it is not known if
the homeowner has worked
out any kind of agreement
with the tree service.
The City and the home-
owner reached a settle-
ment agreement stating that
the property owner will
pay the City $13,431.50
in two equal payments of
$6,716.50 each, one payable
now and the other no later
than November 30, 2020.
City Council approved the
settlement agreement at last
week9s meeting.
There are well over a
thousand trees in the City
that are in the public right-
of-way and inventoried by
the City Forester, noting
their location, size, species,
and health. There are thou-
sands more on private prop-
erty, many of them signifi-
cant trees (based on size and
age).
At last week9s Council
meeting, Mayor Chuck Ryan
expressed his frustration
over the loss of another big
ponderosa.
<I don9t want this (the
unpermitted cutting of a tree)
to happen again,= he stated.
Over the winter, Misley
said the City will look at
revising/tightening the City
code pertaining to trees.
Councilor Andrea Blum sug-
gested requiring citizens to
obtain a tree cutting permit
and a list of City-licensed
arborists. When site plans
are submitted for approval,
the builder must submit a
map indicating which trees
they plan to remove. That
site is subject to inspection
by City staff or the City
Forester to see if those slated
for removal really need to be
removed and those remain-
ing are being protected from
damage.
The unlawful cutting of
significant trees is not a new
phenomenon in Sisters, but
the City is intent from here
on out on enforcing the code
and fining violators.
The word from City
Hall is abundantly clear.
According to Misley, if a
citizen or builder wishes
to cut down any tree, for
any reason, whether on pri-
vate or public land, the first
thing to do is contact Nicole
Mardell, senior planner, to
notify her of their desire for
tree removal and ask per-
mission in writing or email.
Depending on the situation,
they may be granted immedi-
ate permission. In other situ-
ations, a representative from
the City may come out to
visually assess the situation.
In some cases, permission or
denial may be required from
the Urban Forestry Board.
With steady growth in
population and increased
building in the City, plus dis-
ease, drought, and age claim-
ing a number of the pondero-
sas, more trees in town are
facing necessary removal.
Sisters takes pride in its
urban forest and has received
the designation of Tree City
USA for 10 years. The trees
in town, particularly the tow-
ering ponderosas, are consid-
ered an integral part of the
ambiance of Sisters.
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Principal Broker
865.335.6104
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Broker
818.216.8542