Mayor Brown Calls For Legal Action For Illegally Cut Trees

Mayor Byron W. Brown today announced that the city will pursue legal action against the property owner of three Cottage Street properties – 118 Cottage Street, 120 Cottage Street and 126 Cottage Street – for having allegedly removed three trees that stood on city-owned land.  The trees were removed without appropriate authorization by the city, which is illegal.

“It’s ironic that on Tuesday of this week I joined second grade students, their teachers and school administrators in planting a new tree, symbolizing our city’s continuing reforestation effort following the 2006 October Surprise Storm,” said Mayor Brown. “And later that same day I was informed that three trees that stood here – on city-owned property – were illegally removed by a property owner.  This action is intolerable, indefensible and we intend to prosecute these offenses to the fullest extent of the law.”

At the Mayor’s direction, the city has undertaken a two-prong approach in combating unauthorized and illegal removal of city-owned trees.

Under the Buffalo City Code, Section 467-3 and 467-7, it is unlawful to damage, cut or remove a tree that is located on any public street, public park or public property without the appropriate authorization from the city.

Penalties for this offense under the Code include a fine up to $1500 or imprisonment for up to 15 days or both such fine and imprisonment.

Section 467-7 of the Code authorizes the city to file a civil action to recover full damages for the loss of or injury to such tree, plant or shrub.

In addition, today, a lawsuit was filed in New York State Supreme Court seeking the replacement cost of three trees illegally removed this month (The city is currently obtaining appraisal as to the value of the trees; it is estimated at this time the value of each tree is in the thousands).

The city-owned trees were: a 13-inch Norway maple tree, in fair condition, with no history of complaints; a 9-inch Norway maple in good condition, with no history of complaints; and a 9-inch Norway maple tree in fair condition, with no history of complaints.

It is believed that between the dates of April 12, 2008 and May 12, 2008, the defendant removed the trees in violation of the Charter and Code of the City of Buffalo. 

In addition to the lawsuit, the City of Buffalo is serving the defendant with a Summons for violating the Charter and Code.  The Summons is seeking a fine of $1500 as authorized under the Code.

“All city residents should be aware that Section 467-4 of the City Code provides a reward for not less than $100 nor more than $1000 for any information leading to the apprehension and conviction of any person violating this Chapter relating to the abuse and mutilation of trees, shrubs and plants,” said Corporation Counsel Lukasiewicz.

Anyone with information on any individual or individuals harming city-owned trees, shrubs or plants can call the Mayor’s Call and Resolution Center at 851-4890.  The information will be confidential.

It is believed that 85% of the City’s estimated 65,000 trees (including 12,000 in the Olmsted Parks System) were damaged in the 2006 October Surprise Storm.  In the city, approximately 7,400 trees were lost entirely.

Mayor Brown placed $1 million in the city’s 2007-08 budget for reforestation efforts and added another $750,000 in his recommended 2008-09 city budget for additional reforestation activities in the city.  In addition, the Mayor, on April 7th, announced the hiring of Jeff Brett as the first city forester in three years. Since 2004, Brett had served as Tree Care Supervisor for the Buffalo Olmsted Parks Conservancy and is an ISA Certified Arborist. Also, in his recommended 2008-09 city budget, which is being reviewed by the Buffalo Common Council, the Mayor called for the revival of the city’s Office of the Environment.

Since the 2006 October Surprise Storm, the city supported the development of the Re-Tree Western New York program, which aims to plant 30,000 trees by 2012. On April 16th, the National Arbor Day Foundation named the City of Buffalo and Re-Tree Western New York as joint recipients of the Foundation’s 2008 Project Award. This national honor recognizes outstanding work in tree planting, conservation and environmental stewardship.