City writes violation for cutting tree's down

Discussion in 'Lawn Mowing' started by nosparkplugs, Aug 1, 2008.

  1. nosparkplugs

    nosparkplugs LawnSite Gold Member
    Posts: 3,445

    First case of this for me, anyway I did some major clean up work on a newly purchased Shell gas station, and their was three tree's all were dangerously close to the power line's, gas station signs, roof, lights etc, and had been neglected for I don't know how long. The owner, sign contractor, and myself agree' the removal of all three tree's would increase exposure to the station, and if remained were a safety hazard if anything else.

    Low, and behold the City of Memphis has written the owner a citation for cutting the tree's down. I'm guessing we will need to replace the tree's with something else? not sure yet; regardless the owner is confused, and called me today wanting answers. I will be meeting with him on monday to go over the actual citation I have not seen the citation yet, and IMO the city or the other gas station owners are "picking" on him?, first they tell him to clean up the property, and now their fining him for doing what they asked WTF. Possibly the rival gas station owners are just scared the station is going to take a percentage of their profits, the longer they can keep it closed with violations the better, I guess. Also IMO City government at it's best waseting tax payer's money, a guy is paid to write these tree cutting violations, heck

    I saved the Power company some work taking the tree's down a bad storm would have taken the tree's down into the power lines or taken the telephone pole & transformer too, on a busy Memphis intersection. Don't know about any of you guys, but the local city or power company here cut what ever tree they want without replacing the tree's or asking the property owners, or hack the crap out of the rest if their too close to their "stuff" ie: easements, power lines etc:dizzy:
     
  2. BayouFlyFisher

    BayouFlyFisher LawnSite Member
    Posts: 35

    From http://www.dpdgov.com/(zubont55k4pnfi55zasnyx45)/luc/luc_content.aspx?id=368


    TREE PRESERVATION ORDINANCE
    This ordinance encourages tree preservation along the frontages of public roads and along the perimeter boundaries of properties that are proposed for development. If removal of a portion of the trees on a site is unavoidable, the ordinance allows for replacement of the trees removed with new trees on the site.
    There is also an option to contribute to a tree bank which funds are to be designated toward planting public trees to improve public roads, parks or other community spaces. If tree preservation is not feasible because of the physical or other features of the property, there are equivalent alternatives which will allow new trees to be planted on sites where trees have been removed.


    This may be what got ya'll.
     
  3. capelawncare.com

    capelawncare.com LawnSite Fanatic
    Posts: 8,136

    We have to have a certain number of trees per acre down here, you may need to just replant more trees.
     
  4. topsites

    topsites LawnSite Fanatic
    Posts: 21,654

    Well you can't just do major renovations on government property, if that wasn't the owner's land then he had no place doing that,
    and you might or might not have known but if it was his land then I'm not so sure what the problem is...

    That's like someone coming onto my property cutting down a tree of mine because it impairs the view of the road,
    hey I tell you right now I don't give a rat if anyone else likes it or not but anyone comes around doing that crap and
    I'd be somewhere beyond writing out little slips of paper :p

    Now if it's not on my property then do whatever, I don't care.
    But it can get downright tricky in right of ways.
     
  5. ed2hess

    ed2hess LawnSite Fanatic
    Posts: 13,088

    If your city is like ours then you are responsible to get a permit to do practically any type of work on a property. And cutting down trees is one of the biggest sins one can commit.....and in our city you would have to replace trees equal in caliper to the ones cut down. This means you may have to put in 20 little ones. Maybe also get a fine for not getting a permit.
     
  6. cpel2004

    cpel2004 LawnSite Bronze Member
    Posts: 1,416

    We have similar ordnance, however if you can explain and prove that the tree's had a serious disease and/or posed a public hazard in anyway, you should be fine. May have to replant trees. Its a bogus law, just another tax by the man!
     
  7. mybowtie

    mybowtie LawnSite Senior Member
    from NY
    Posts: 683

    Who said it was goverment property. I cant belive they would give a citation for cutting down dangerous trees....Way too much goverment these days....
     
  8. ram69

    ram69 LawnSite Member
    Posts: 17

    yea round here anything over 4 inch round trunk you need permits
     
  9. Dakota476

    Dakota476 LawnSite Member
    Posts: 9

    I took quite a few trees down for a client three months later she got a ticket in the mail saying that on of the trees was over 30 inches in dia. she got slapped with a 1200 dollar fine. I went to court with her and took a photo showing the trees dia at the base was 29.5 so she beat the ticket but this tree was WAY back on her property we know who called and made the complaint but D*** it is her house let her enjoy her yard her way
     
  10. steve45

    steve45 LawnSite Bronze Member
    Posts: 1,325

    Hell, we don't even HAVE any trees around here!
     

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