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.