About 2 years ago we had some new neighbors move into a new
house they built and we had a tree that blocked their view. I loved this tree,
it shaded by backyard and house from the early morning sun. It blocked the view
from all of my other neighbors all summer long. It was a walnut tree and it
provided food for all the neighborhood squirrels. I loved looking out at the
green leafs filling my view. Destina said that she always knew when summer was
coming by looking out at that tree.
Back to our neighbors they were mad that they could not cut
the tree down with they moved in, they thought, and were told by their builder
that since the tree was on the other side of our fence on the alley right of
way that it could be cut down. The tree was still on our property and there was
no way we were going to cut it down.
Until the city got involved. I am not sure how the city knew we had a
tree on a 100 foot alley, but one day I got a letter in the mail tell me I
needed to cut down the dead and decaying tree branches and /or tree. So I thought that was a little strange, I had
Scott go out and cut off the two dead branches that we could see and we thought
that would be it.
About 6 months later
I got another nasty letter telling us our tree was decaying and it was now a hazard
and “might” blow over in a wind storm. Again we looked at the tree it was in
full bloom and beautiful and it has survived many wind storms without so much
as losing a branch. So Scott called the guy from the city and he came out and
told Scott if you look at the tree from the alley side you could see that is
was decaying from the inside, and true enough there was some decay. We told the
guy that we loved this tree and that if it fell in a storm it would land in our
yard or the alley no house or power lines were in danger. He left and we
thought we were ok. Then about 3 months later I got a notice in the mail that I
was summons to criminal charges for a public nuisance because of my tree. We
called the city again and they told us we needed to cut the tree down or hire a
lawyer. I read the code and it was vague enough that the city had the power to
make us cut the tree down.
So sadly, Scott cut
our tree down. We called the city back and sent them the pictures and thought
that would be that. Not the case! I still needed to appear in court, but since
we cut the tree down, and Scott got in trouble for not getting a permit to cut
the tree down that the city was making us cut down, they were going to reduce
the charges to a littering fine of $100.00. My court date was on a Friday and
Friday’s are my busiest day at work so Scott asked if I could come on a
different day and the city prosecutor agreed that I could come on Monday. (My
name is on the house not Scott’s that is why I am getting the nasty letters not
Scott.)
(This is the alley that my tree is causing a public nuisance outrage!)
I showed up at court
Monday only to find out that there was a warrant issued, but not signed, for my
arrest because I didn’t show up for court on Friday. (I could have been sent to
tree jail?) We called the prosecutor and she said the judge must not have
gotten the note she wrote on the case. So I sat through 2 hours of court with
all the people getting DUI’s, driving without a license, public exposure, etc.
when it was my turn I got chewed out by the judge, for not showing up on my
court date. (Even though the prosecutor told the judge she gave me permission
to come on Monday.) I took my chewed up ass and paid a fine for littering,
something I have never done, I don’t litter! I was mad and upset all day, why
does the city care about a tree in my yard, that I loved, that was leafing and
beautiful? Why as a citizen do I not have any recourse on this? They told us
when they came out to look at the tree that we would need to hire a tree
specialists to see if they could patch the tree and fix the decay. We can’t
afford that! We lost the battle and our
beautiful tree! The neighbor’s on the other hand now have a great view…until I
plant another tree!
(This is now the view from my backyard, into my neighbor's back yard that the tree blocked)
But the dead van and trailer did not get my neighbor in trouble even though it is listed as a nuisance according to the city ordinances!
VENTING DONE!!!



















