AnonymousSource: City of Santa Barbara
Today the Santa Barbara City Attorney’s Office filed a misdemeanor complaint alleging four criminal counts against James Allen Carr and Enrique Calles Vasquez.
The filing is the result of investigations conducted by City Park Rangers and the City Attorney’s Office prosecution staff following the removal of trees in the 1700 block of Paterna Road.
The defendants are charged with three counts of violating Santa Barbara Municipal Code section 15.20.115, Unlawful Tree Removal at Parkway, and one count of violating Santa Barbara Municipal Code section 15.24.020, Unlawful Tree Removal at Setback. The maximum sentence for each count is six months in jail and/or a fine of $1,000.
Mayor Cathy Murillo said, “I believe this is an appropriate response from the City. All Santa Barbarans suffer when our urban forest is damaged. I would urge anyone with concerns about street trees or trees in their front yard to contact the City’s urban forestry staff before doing any cutting or pruning.”
City Attorney Ariel Calonne separately announced that he will seek City Council authority to bring a civil action to recover treble damages for trespass
Seems like the Mayor is on her way out with her tone deaf response to these issues, and the recent cedar tree issue in Samarkand. Hope the unions are able to offer her a nice job to pay her back for all of her support. How many PO’d homeowners can we get to vote in 2021?
If the only way to retain control over the trees on your property and prevent damage by roots and branches is to illegally kill them, then I guess the City will turn some of us into criminals? Note to self – don’t move anywhere near a tree that is deemed historic.
Poor guys should have just put up some tents, decorated the area with stolen and now broken bikes and for extra points feces. Then no one from the City would have bothered them.
For those stating that these trees are on private property, you should reread the article. It states that they are charged with removing the trees from the parkway. The parkway is the city owned strip of land between the road and your property. The parkway allows the city to install sidewalks without taking private property. The trees growing on the parkway are city property.
That said, the city, through the ‘Urban Forestry Department’, what used to be the city arborist, AKA Tim Downey, does a really awful job of maintaining it’s property to the detriment of private property owners. I have spent years trying to get Tim to maintain the tree in the parkway in front of my property. There is a legal process in common law called adverse possession where you can take possession of abandoned property. It would be nice to use this to take the parkway from the city. Unfortunately it can’t be used on city property.
Really stupid of the City; the regulations should changed to focus on native species or ‘landmark’ specimens, as opposed to anything that resembles a tree, especially on private property. If invasive roots destroy a sewer line, the City won’t help to pay for repairs.
Property owner 15, City 0
I’m glad we live in the County, slightly less lame when it comes to this stuff. The homeless contrast is interesting. Such a hypocritical city system. The less money you have the less rules you have. Go for it homeless, do whatever the he– you want!
I, too, was surprised when I saw photos of the “trees”. They had been butchered over the years, probably by the same landowner. He should have been prosecuted for that.
553pm – Prosecuted for trimming a bush on his own property??? Crazy crazy days/town we’re living in…
5:57PM – Do you have a link to share that asserts the parkway in SB is not city property? A quick search indicates that at least in the city of Goleta, the parkway is owned by the city (so must not be a hard/fast rule) …. https://www.goletamonarchpress.com/2017/02/whats-on-your-parkway/
But three of those trees were on the parkway which is by definition public land. Yes, the city can and must enforce those laws.
Three of these four trees are on public property; the four, in the setback, is, according to the municipal code, in the front setback subject to city jurisdiction. If Santa Barbarans do not like these regulations, that is, that the adjacent homeowner can do whatever they want to the trees on the parkway, then change the laws. I hope this homeowner is punished to the full extent of the law, especially because his employees continued to destroy the trees after being told to stop.
But then the city can and must enforce the laws regarding the homeless on city property also!
The parkway along the street is not “his own property.”
Wow. So all you have to do is cut down a few trees in town to get the city to do anything huh? I think we’ve got more important things to focus on right now.
Perhaps the City should raise the fine to 5-20k if they actually want to deter future violations.
what? How about working with the people that OWN the land and the homes? Most of these trees are not indigenous to our region on the globe. i’ve personally dealt with the city and their tree people….they are complete @zzholz and are very rude and condescending. I can bet my paycheck that this guy did reach out and received the same poor treatment and lack of response that I did and my neighbors.
The way Carr, the property owner, had those trees shaped, is almost as big a crime as cutting them down. I complain that it is impossible to cut down any tree in the city, and I have experience with that, so at least this is equal application of the law.
@259, well said. this issue is a bother, and the city is in the wrong. talk about going way too far, government over reach. If it’s on public land, i can somewhat accept the response, but on private property? That’s a bit much. I’ve dealt with the city regarding trees and they are…well complete jerks about it. We cut the one bothering us and received all sorts of stupid baseless threats from the city and guess what? None of it went anywhere. A lot of bickering and a huge waste of our tax dollars. Cathy is a friend of mine, but an awful city leader and really needs to stay out of it.
Weren’t they a horror!! Carr’s probably responsible for that too.
I’m so torn here. The city never approves any tree removal. They’re impossible to work with. Therefore, they will meet situations like this.
ZERO: I concur 100%. I had to deal with the city for a long number of years while we were trying to open our business. The level of bureaucracy and straight up B.S. was astonishing. It’s all about money for them. Screw the people.
Hey mayor, how about the homeless guys who are constantly setting fire to our “urban forest?” What is your response to that?
Once again, it’s called “Selective Enforcement”…If you have the mean$, (Homeowner, vested job, saving accounts, etc) you are open game for prosecution as there is a benefit for government… If you are a vagrant, or someone without “mean$” you are bypassed any “enforcement” unless you do “bodily harm” to someone within the State of California- The DA’s will not pursue anything…
I like trees, but these were basically Eugenia bushes trimmed over many years to be rectangles with thick trunks. These were not heritage Oaks or rare specimens. I would think the City would be happy to have the owner pay to replace them with something more suitable plus legal expenses as an appropriate fine.
JB86 1 DEC 23, 2020 04:49 PM If tree roots are getting into your sewer line, you need to replace your sewer pipes.
Then started a warming fire and burned the trees down, “accidentally”.
I have called the city multiple times to have them trim the trees on our street which drop and a massive amount of berries which is a hazard it’s also filthy.they stain out cars. We have palm trees putting huge palm fronds all over our yard they never come and clean them. they expect us to water the trees. They’re not gonna take proper care of the trees they shouldn’t have them
Keep voting in idiots
I’m actually really surprised at these comments. Maybe EdHat readers aren’t familiar with Paterna Road? It is one of the loveliest and most unique streets in SB, bordered by stone walls, and a unique and uniform length of these eugenia trees lovingly cared for by the residents. This property was just sold and I have suspicions it was to someone who is flipping it. There is a Jim Carr contractor based in Santa Maria and a listing with a Jim Carr broker on another half-finished house nearby. I actually saw the crew there cutting down the hedging at the front of the property while out on a walk. I think the homeowner whoever they are should have every right to do that. But cutting the trees in the parkway that form a contiguous and celebrated look down the entire length of the street was wrong. There was a Mercedes G-Wagon with LA plate frames parked outside the home, too, so my suspicions about who the owner is may not be correct and perhaps it’s someone from LA and not related to the local contractor. I would urge anyone who thinks this was fine to visit the street themself and see if they still agree. This is a loss for the community and the neighbors are certainly right to be upset.