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Vancouver gets tough on violators of rules on topping trees

Sunrise Bagels owner disappointed that his had to be replaced

By Stephanie Rice
Published: January 4, 2015, 4:00pm
5 Photos
A crew from City Wide Tree Services plants new paperbark maple trees on Dec. 19 in front of Sunrise Bagels in downtown Vancouver.
A crew from City Wide Tree Services plants new paperbark maple trees on Dec. 19 in front of Sunrise Bagels in downtown Vancouver. The owner had been warned by the city that he would be fined if he didn't replace trees that had been topped in violation of city codes. Photo Gallery

Vancouver’s restrictions on tree pruning

The owner of Sunrise Bagels wasn’t aware he was about to run afoul of city rules when he hired an arborist to top trees outside his downtown Vancouver store and bakery.

Years ago, Don Kosterow bought the six European hornbeam trees and paid to have them planted next to the sidewalk outside his business, 808 Harney St. They grew so tall that they were obscuring the name of his business on his building, and he had the trees topped.

Then came a warning letter from the city: Replace the damaged trees or be fined. Failure to pay the fine would be punishable by jail.

In a Dec. 9 response to Charles Ray, the city’s urban forester, Kosterow wrote that his trees were well-groomed and healthy.

“Customers can now see our sign from the street and the trees can be easily decorated,” Kosterow wrote. “We do not need a lecture regarding the value of a city canopy. We bought, planted and cared for the trees … the city did not.”

The situation was resolved after the company that topped the trees planted new trees at no charge on Dec. 19.

“It’s just unfortunate that the trees had to be demolished,” Kosterow said Wednesday. “You can’t fight City Hall.”

The laws regarding tree care aren’t new, even if they aren’t well-known.

Ray said the city relies on education, assistance and, if needed, warning notices and replacement to prevent and respond to topping issues.

The city has collected approximately $2,000 in fines since 2006, when city codes were updated to clarify the city’s position on damage and destruction of trees.

The Vancouver City Council first adopted laws governing planting of trees along streets and in other public spaces in 1963, the year after many trees were lost in the Columbus Day storm.

A primary goal, according to newspaper archives, was preventing the planting of trees with large, grate-clogging leaves and thick roots that would tangle with underground utilities.

The city requires permits for street trees and private trees, and all work must be done according to national tree care standards, Ray said. That doesn’t include topping, considered an improper pruning technique. When the city does learn about trees that have been topped, they send out warnings and demand action be taken because they don’t want people to see topped trees and think it’s an acceptable way to prune.

Kosterow said he was never told about the rules.

“As businesspeople, we all want to do things to attract customers to our site,” he said. “You think you’re doing it for the right reasons — but then you’re held captive to a set of rules you don’t understand.”

In Vancouver, as in many cities, maintaining the right-of-way is the responsibility of the adjacent property owner, said Jessica Antoine of the city’s urban forestry department.

Those responsibilities include keeping the sidewalk free from snow and ice, and maintaining street trees.

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“Street trees are considered a public asset for the benefit of all, through slowing and retaining stormwater, cleaning our air and creating a livable city,” she wrote in an email.

Canopy goals

In April, the city was again recognized by the Arbor Day Foundation as a Tree City USA. It marked the 25th consecutive year Vancouver met the qualifications, which include having a viable tree management plan and program, and spending at least $2 per capita on tree care. More than 3,400 communities nationwide earn the distinction.

For the fifth year, the foundation acknowledged Vancouver’s increased commitment to urban forestry with a Tree City USA Growth Award, an honor bestowed on approximately 500 communities.

The city has a goal of increasing its urban tree canopy — defined as the layer of leaves, branches and tree stems when viewed from above — from 18 to 28 percent by 2030

Ray said a 2011 tree canopy study produced the figure of 18 percent.

“Tree canopy cover and properly cared-for trees benefit all of us in many ways — sociologically, environmentally, and economically. They help cleanse our air and water, draw people to live and work here, and make our community beautiful and economically strong. It only takes a minute to improperly prune or remove a tree and a lifetime to grow one. This is why it is imperative to preserve and properly care for trees,” Ray wrote in an email.

The only trees for which the city doesn’t regulate pruning, Ray added, are fruit trees.

The city’s citizen-member Urban Forestry Commission tries to educate the public by providing information on trees, hands-on workshops, planting opportunities, heritage tree recognition, and technical expertise and assistance, Ray said.

In the case of Sunrise Bagels, he said the city issued a warning notice, and told Kosterow that if the trees were removed and replaced with a standard size tree (2-inch caliber, about 10 to 12 feet tall), he would not incur fines.

The city’s Think Before You Top campaign highlights the pitfalls and myths of topping, he said.

“Our intent is to reach out to as many people as possible who can make a difference to improve the care of Vancouver’s trees and make improper tree care a thing of the past,” Ray wrote.

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