HELP! The city is going to cut/trim my palms

[Jastin]

Hello, I live in Oceanside, CA, which is in San Diego county. West Coast Arborists was contracted by the city to trim trees in my city and there are no parking signs STAPLED to a bunch of home owners trees in my neighborhood. I live in a non HOA neighborhood. I can’t find any laws on what the city ordinance is for residential trees/plants hang over the sidewalk. I’m only finding stuff on city trees and residential disputes between neighbors and one that said at least 8’ clearance above the sidewalk (for a different city in SD) They have put signs on trees that are not impeding on anything and the bottom of the leaves are 10-20 feet off the ground. I couldn’t imagine them trimming these trees as they don’t impose any risk at all, but it is concerning to say the least. I fear that they will hack my trees up and disfigure them for no reason! 
 

Does anyone have info on this? 

[Las Palmas Norte]

Are the tree on your property? At times I've seen trees here that are marked for removal, the same way you're describing.

[Alan_Tampa]

The power company got my Bismark and acrocomia last year.  I'm still sad. 

[Quasarecho]

Sometimes, depending on jurisdiction, setbacks from roads and powerlines mean that trees can be trimmed. The distance varies. Find out what is intended. If you find that they are going to trim and/or remove trees on your property and there are no powerlines, and branches/fronds are way above obstruction of sidewalks and traffic, it may be time to touch base with local news organizations and maybe an attorney.  Rally neighbors as well.

Just my 2 cents.

[Brian M]

Property lines run ground to sky. If it's hanging over the ROW it's their right to trim up to the property line so long as it doesn't kill the tree, just as if your neighbors trees were growing over to your side of the property.

Also, if you weren't specifically notified they may not be trimming your trees at all. Municipalities will typically just do a mass notification (door hangers, signs, etc) to notify the area and actually notify affected homes.

Edited January 30, 2023 by Brian M

[Jastin]

Yes, they’re planted on my property and do hang over the sidewalk, but the lowest leaves are 10’ off the ground. A neighbor down the street has queens where the lowest leaf is 30’ off the ground and it has a sign on it. I wouldn’t think they would be removing anything but even trimming? It hasn’t been a problem in 13 years and they don’t hang over onto the street so trucks don’t have a problem driving by. We don’t have any overhead power lines. 
 

seems weird to me because I had 3 signs on my property on 3 specific trees. Gigas, urnes, and Bismarck. No need for 3 signs on my 75’ wide property if it was just for a general notification. All the other signs in the neighborhood are on trees that are close to the sidewalk. The local city website has nothing I can find on residential trees, only city trees and neighbor disputes on property lines plantings. 

[Patrick]

Call the city. They owe you an explination and clarification, don't they? They work for you, correct? 

 

That being said, I'm up in Nor-Cal and the rules here, probably simialr to you, are: 8' above the sidewalk and 12 or 16' above the road. The above the road thing might be your problem. I've also been dinged because my tall trees with long fronds blocked the downlight of a street lamp. 

 

Call them, say you're "deeply concerned" about your situation. Act 'dumb'. Don't give up any data to them (like your brand new unpermitted solar panels ), except for the necessitaties to get the the right data. They use extra info against you. Just say you're confused and deeply concerned about the situation, and you want to know how to fix it and make the city happy. Be nice, they don't want your phone call just as much as you don't want to call them lol. Don't hang up until you work your way up the chain if you must. Leave a message if you must, and call back the next day if they dont get back to you. Be the driver, but it might take 3 or 4 calls to get some clarity. 

Edited January 30, 2023 by Patrick

[sonoranfans]

Heavy handed government behavior is always a concern.  Unfortunately, the system often requires you hire a lawyer.  Last year they trimmed a few leaves on a sabal uresana I have with those leaves 8' off the ground.  I was not there and unaware that they would hack a palm that was at most 2' over the street(leaflet tips)  I understand the trimming of dicots that spread in canopy as they age but palms do not spread.  My big concern is the spreading of disease as they use the same cutting tool as they hit the neighborhood.  They should clean the tool between each use, but I'm betting they don't.  I hope you can stop them from chopping.

[SeanK]

Don't municipalities generally have easement on the first 8 feet of property for utility maintenance?

[Jastin]

Yes they do. For us it is 10’ from sidewalk in. Sidewalks 8’ high clearance, 14’ for roadways. I talked to the Forman on the job today. As long as you’re within the laws and clearances, you can deny trimming as long as you call it in. After talking to the guy today he agreed to just trim the dead fronds on my caryotas, the seed pods which is a huge win, and my Bismarck seed pods. Turned out great and was free!  

[Jastin]

6 hours ago, sonoranfans said:

Heavy handed government behavior is always a concern.  Unfortunately, the system often requires you hire a lawyer.  Last year they trimmed a few leaves on a sabal uresana I have with those leaves 8' off the ground.  I was not there and unaware that they would hack a palm that was at most 2' over the street(leaflet tips)  I understand the trimming of dicots that spread in canopy as they age but palms do not spread.  My big concern is the spreading of disease as they use the same cutting tool as they hit the neighborhood.  They should clean the tool between each use, but I'm betting they don't.  I hope you can stop them from chopping.

Yes I was/am concerned about that as well and I didn’t see them clean anything. They took off 75% of the crown on a queen down the street (all green leaves)  and they didn’t even need to touch it (bottom leaves were 30’ off the ground) so I’m glad I was able to talk to them first for mine. I would have preferred to just let me take care of my own garden as I have for the past 14 years but am happy that I got the stuff done and the garden doesn’t look bare. 

[Patrick]

On 1/30/2023 at 12:22 PM, Jastin said:

Yes I was/am concerned about that as well and I didn’t see them clean anything. They took off 75% of the crown on a queen down the street (all green leaves)  and they didn’t even need to touch it (bottom leaves were 30’ off the ground) so I’m glad I was able to talk to them first for mine. I would have preferred to just let me take care of my own garden as I have for the past 14 years but am happy that I got the stuff done and the garden doesn’t look bare. 

Glad it worked out for you, and that you were able to talk to the people doing the actual work! It reminds me of folks on the island of Hawaii. They spray herbicide on the road shoulders but some people have nice things planted right up close and the herbicide would surely damage their special plants. Folks out there put up signs that say "No Spray" and the trucks are nice enough to skip these spots. Reminds me of how the trimmers worked WITH you on this occasion. Great news and that's a nice Caryota you have there! I know what you mean when you talk about getting the seeds removed as a plus. Maybe if you weren't home for the next time you can put a sign on the trunk asking them to only cut the brown stuff and seed pods? It might work...