QUESTION: This concerns a strip of land/dirt located between the street and the sidewalk and the trees planted on this strip. Recently, people cut down two trees planted on the strip. I have lived in our neighborhood for 30 years, and the trees easily had been here 50 years. Can they do this? I know it’s after the fact, but what can be done?
ANSWER: A tree-trimming supervisor from the city’s Urban Forestry Division investigated your complaint and found two city allspice trees cut to ground level.
He filed a report of illegal removal with the Honolulu Police Department, which said the incident is being looked into.
We’ve received several inquiries or complaints lately about trimming or removing city trees planted on the public sidewalk/grassy area.
Adjacent homeowners might become aggravated because of the mess the trees make or the harm the roots can cause.
But the city Department of Parks and Recreation, whose Urban Forestry Division is responsible for those trees, warns homeowners that they may not cut down city-owned trees that were planted in city easements fronting their homes.
"It is illegal for a property owner to prune, remove, top or vandalize a city tree," said Parks and Recreation Director Toni Robinson. "The city’s goal is to preserve as many trees as possible."
However, she said the city may remove trees that are dead, dying, diseased or damaged for public safety.
Unauthorized removal of a city tree is considered criminal property damage, with the penalty subject to the value of the tree. For example, a mature tree may be valued as high as $2,000, which technically would qualify unauthorized removal as a felony, Robinson said.
Urban Forestry "will seek restitution and/or pursue criminal charges for criminal property damage against any individuals suspected of causing harm to city trees," she said.
QUESTION: Under what circumstances can a homeowner cut down a tree on adjoining city property if the tree presents a nuisance in terms of excessive rubbish or hazard? I have called the tree-trimming line at the Department of Parks and Recreation’s Urban Forestry Division and gotten no response. I have gotten an OK from surrounding neighbors.
ANSWER: Under no circumstances should you take it upon yourself to remove a city tree because of the nuisance it causes.
It is up to the Division of Urban Forestry to determine whether a tree should be removed because it is dead, dying, diseased or damaged. It does not remove trees for rubbish concerns.
"The primary objectives of tree pruning services are to address and/or reduce potentially hazardous tree conditions and to provide proper tree clearance to protect persons and property from potential injury or damages when under or around city trees," explained Robinson. "It is not performed specifically to address concerns of tree rubbish or light illumination."
(For concerns about safety or damage, call Urban Forestry at 971-7151.)
Robinson also said it is natural for trees to drop leaves, seeds, pods, flowers, etc. during prevailing winds and seasonal cycles.
But while you are not supposed to do anything to a city tree fronting your property, you are responsible for maintaining the area around it.
Robinson pointed to Section 14-20.1 of the Revised Ordinances of Honolulu, which says, "Every property owner whose land abuts or adjoins a public street shall continually maintain, and keep clean, passable and free from weeds and noxious growths, the sidewalk and gutter area which abuts or adjoins the property owner’s property."
MAHALO
To a good Samaritan. My dad collapsed after having a stroke in our yard on 22nd Avenue early in the morning several weeks ago. We were all still sleeping in our house. This kind person came by and saw him lying on the ground and helped him get back into our house. He is still with us because of your good heart and quick action. — Alan
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