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--> --> Barbara Zollinger (far left), Steve Russo, Sally Kirkpatrick and Kay Maser measure the diameter of one of the stumps on William Duncan's property. Ashland Daily Tidings/MYLES MURPHY Tree cuts lead to fine; residents irate By Myles Murphy Ashland Daily Tidings Ashland's new tree protection ordinance is flexing its muscles for the first time following the illegal cutting of a number of large trees on a vacant Morton Street property. Property owner William Duncan of Medford faces fines following the un-permitted Wednesday morning razing of about seven large trees on the property on which he plans to build a house. On top of the fines - which could be as much as $500 per tree - Duncan could also be hit with an enforcement fee to cover the cost of the city's investigation of the incident, and a restoration fee as restitution to the city for restoring the trees. "If we didn't have the tree ordinance, not all of these potential penalties would apply," Ashland Code Enforcement officer Adam Hanks said. The extent of the penalties has not been determined, and Hanks and Duncan will meet within a next few weeks to look at the building plans and determine which trees were approved for removal and which were not. "Tree cutting within the building envelope has already been approved," Hanks said. "But any trees over 6 inches in diameter that came down outside the envelope violate the tree ordinance." Some of the trees were obviously cut in violation, Hanks confirmed. Under the tree ordinance, the per-tree fines of up to $500 are automatic - with the municipal judge determining the actual amount - while enforcement and restoration fees are optional, depending on what staff recommends and the judge decides. "It will probably be a number of weeks until it gets totally figured out as far as what the total number of violations will be," Hanks said. Duncan - a former Coast Guard attorney who practices law in California -said this morning he was sorry the trees were cut, and explained it was the result of a communication breakdown with the arborist he had hired to do the job, Beaver Tree Service of Medford. "I told (the arborist) I wanted proof of insurance and I wanted it faxed to me, and wanted him to contact me before removing the trees because I wanted to check with the city to see if any new ordinance had been passed," Duncan said. "I'm very sorry this all happened." The arborist failed to contact Duncan before cutting the trees, however. "I was gone for a few days and came back Monday," Duncan said. "I hadn't heard from him in a few weeks. I called the City of Ashland, but the trees had already been cut." "Some of the trees were properly cut. I would never intentionally violate any ordinance," he said. "It's unfortunate they got cut without getting the permit." Despite months of heated public debate and a number of well-publicized public meetings creating and discussing the ordinance, Beaver Tree Service representatives were apparently unaware of the workings of the ordinance. "I asked him (the arborist) if there were any new regulations and he said no," Duncan said in an interview today. Representatives of Beaver Tree Service were unavailable for comment. However, under the ordinance, the blame falls squarely on the landowner, a fact which Duncan acknowledged and Hanks confirmed. "At this point, it doesn't matter if it was intentional or not," Hanks said. "From our perspective that is kind of irrelevant." While the city and the landowner work out the details of the violation, Morton Street See TREES, Page 2 neighbors mourn the loss of the large trees. "Here these trees take a hundred years to grow and they're gone in five minutes," neighbor Steve Russo said. Russo and Sally Kirkpatrick said they were stunned by the early morning operation, and were concerned about the cumulative effect on neighborhood wildlife, especially following an earlier round of cuttings in the spring where many of the smaller trees and bushes were removed from the same property. "We've had much fewer birds (since the first round of cutting)," Kirkpatrick said. "And we even doubled the amount of bird feed we put out." "To come and just arbitrarily cut these trees down - it makes me sick," neighbor and former Ashland Historic Commissioner Kay Maser added. "If people have any care for the environment, they plan a house around the trees." The action distressed neighbor Barbara Zollinger to the point of tears. "I was in bed when I heard chainsaws - awful sounding things," Zollinger said. She got up to watch as workers cut down tree after tree, hoping each tree would be the last. "My mouth opened and my heart was just breaking. I am irate and shocked," she said. "I was so upset I couldn't even get to sleep." "How anyone can order such a thing done without any conscience ..." she said. Email your... Technical questions & comments to: WebMaster Daily Tidings editorial comments & questions to: Editor Visit our other Oregon Newspapers... | Albany Democrat-Herald | Ashland Daily Tidings | Corvallis Gazette-Times | | Lebanon Express | Newport News-Times | Springfield News | Cottage Grove Sentinel | Ashland Daily Tidings 1661 Siskiyou Blvd. Ashland, OR 97520 Telephone 541-482-3456 © Copyright 2001 Lee Northwest Publishing