Leave the Trees


In fact, it will bring a lawsuit and fines, as one citizen found out after taking down a 13-inch Norway maple and two 9-inch Norway maples, with no history of complaints, in front of 118, 120 and 126 Cottage Street.
Mayor Byron Brown said, “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. 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.”
Ironic indeed. Whatever it cost to take the trees down, the property owner can tack on a city fine of $1,500, possible jail time, or both, to the overall amount. In addition, a lawsuit was filed in New York State Supreme Court seeking the replacement cost of the illegally removed trees, each of which could be in the thousands.
A look at the city budget's allotment for reforestation efforts will show that there is a serious push on the city's part to counter the effects of the devastation area trees suffered in the October Storm of 2006. Brown set aside $1 million in 2007-2008 and increased that amount with an additional $750,000 for 2008-2009.
If anyone in your neighborhood has a similar mind to take down some greenery, city hall wants to know about it. A release from city hall quotes Corporation Counsel Lukasiewicz as saying, “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."
The removal of city trees is especially troublesome in the wake of an April 16 award from the National Arbor Day Foundation, in which the City of Buffalo and Re-Tree Western New York were named as joint recipients of the Foundation’s 2008 Project Award that recognizes outstanding work in tree planting, conservation and environmental stewardship.
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.

New Era Cap Co. is making moves to place Buffalo on the map as a premier destination for young baseball players looking to compete in a large-scale baseball tournament. The New Era Cup Classic runs the weekends of July 17th-20th and July 31st-August 3rd, 2008.
On the final day of each weekend, championship games will be held at Dunn Tire Park. The baseball tournament, the first of its kind from New Era, will attract over 140 elite youth baseball teams, an estimated 3,500 play …
Last night, downtown Buffalo witnessed an historic moment at the Erie Canal Harbor when it presented its first ever “Official” City of Buffalo fireworks bash there. Thousands of people spent the day watching live bands rock the pier as people made their way in and out of the maze of paths and canal era ruins.
Buffalo Place arranged for live music on the new pier throughout the day with music from Wendell Rivera Latin Jazz Ensemble, Boys of Summer, Rod Nickson Project, Jac …
Calling all filmmakers, ages 14 and up, to participate in an I Love New York Competition, with great prizes, celebrity judges, and hopefully your short film.
The competition requests filmmakers to produce a short film depicting their own views of the "I Love New York" motto. When dreaming up your take on this famous motto, keep in mind the beauty, diversity, and geography of New York State. In addition films will be judged by how well they highlight unique features and off-the …
So after fireworks and celebrations on Friday and Saturday, some, if not many, Buffalonians will no doubt be hung over and tired. That’s okay. Take Sunday, skip church, and sleep in till the afternoon. Just make sure you’re up and ready to go around 2:30 PM so you can make it on time to Cozumel Grill for Sunday Bloody Sunday.
Between 3 and 6 PM, Cozumel at 153 Elmwood Avenue runs drink specials on Bloody Mary’s and Vodka drinks. A Blood Mary will only cost you $4.50 and a V … 



Comment Options
WCPerspective
Would like to hear why this guy took the trees out.
The City ought to raise those fines a bit. It should be $1500 or $100 per dbh(diamater at breat height) inch, whichever is greater. In this case- $3100. A fine and a few hundred hours working with ReTree WNY would be appropriate.
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sbrof
stupid, I almost rented a place from these people. Their apartments were ok at best and what really was the selling point was bring right on Days Park, with all the trees and greenery. They just shot themselves in the foot.
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sbrof
Also nothing says a neighborhood is experiencing blight like a street without trees. Just look at any aerial in google earth. Where the trees start to disappear is where the crime and blight begin.
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onestarmartin
One of the city's problems is that stupid $1,500 fine, it is too low and spread out overall, I agree, it should be the fine times 3, one fine per violation.
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Einstein
I think that the owners should be punished for cutting down the trees and I commend the city of their swift action. Now if we could only get the city to hold commercial property owners to the same standards and prosecute as quickly as they did in this case. If City Hall practiced uniform dispensation of the laws, then the city would look a heck of lot nicer and many of our buildings would still be standing today.
Use this as the standard, quick and uniform execution of the laws that are on the books will alleviate the need for new laws and regulations.
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Rez
What is being done about the tree at the NW corner of Vermont and Niagara street that had it's bark cut off from the base to about three to four feet up the tree? Is the land landlord at that property the same owner on Cottage street? Is the owner at the property at Vermont and Niagara delibretly destroying this tree?
I absolutely agree where trees have been removed crime gets worse.
Throw the book at landlords like this who are a large part of the equation that is destroying our city.
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al-alo
I have to agree w/ WCPerspective. I need to know WHY this guy took these trees out.
For example, I have a city owned tree in front of my house that was pretty sickly before the October storm. rot and disease had taken its toll. then the storm hit.
I contacted the mayors complaint line last year (i was holding out too see if it might make it) to have the city look at it. I received my letter stating it should come down. Yet there it stands, instead of an healthy tree that could be growing and filling in the space.
did he grow frustrated after attempt to contact city hall? where these trees an immediate personal hazard?
i think we might have lost the forest for the trees again (i had to say it).
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hank023
As a resident of Cottage St. I am very familiar with this incident. I commend WCPerspective and al-alo for giving this guy the benefit of the doubt. For those of you, I can see here that there are a lot of you, who are ignorant to the situation and decide to jump to conclusions with out asking questions i hope to provide a little bit more insite.
The landlord in question has done a lot for the Day's Park neighborhood. No more than 5 years ago these houses were occupied with prostitutes, drug dealers and addicts. The street and alleyway was littered with needles and used condoms. When he purchased the property he was able evict the troubled tenants and renovate the property to make it more attractive to respectable tenants. The landlord who owns this property has been able make the street livable for the respectful residents of the neighborhood. There are a number of families who were planning on moving out of the neighborhood before he was able to clean it up.
The reason that the trees were cut down was because they caused a safety issue for the street. The trees hung low and prevented the illumination of the sidewalk and street at night. After tenants of his building showed concern for their safety, he decided to cut the trees down. I am not saying that this was the best course of action but it was something. I know that the landlord in question now sees the error of his ways and is willing to work with the city and the neighborhood make up for his mistake.
Rez, you are mistaken to say that it is people "like this who are a large part of the equation that is destroying our city." In fact it is people like this that are trying to improve this city and make it an attractive and safe place for new residents to move into. Although I am a big fan of trees, the city should take more action towards the slumlords who are bringing this city down instead of misdirecting their attention towards those who are trying to trying to help the city grow to it's fullest potential.
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Rez
hank023 if the trees were low hangiing than they should have been pruned back instead of unjustifiable cut down. This isn't the way one acts to make a property or neighborhood safer. It is a selfish act in the extreme. He could have installed better lighting outside his properties.
The excuse that the former tenants were a problem or that their were needles does not justify any landlord to cut down city trees. The cutting down of three trees is what a lazy landlord would do to get out of raking leaves. Days Park has had their share of problems with slum landlords and destructive tenants but your coming to the defense of a landlord who takes the law into his own hands and cuts down city trees is deplorable and wrongful.
There are laws in this city that were designed to protect it. In light of this recent hatchet job I would say there is a need to increase the fines in Buffalo for cutting down trees or vandalizing them to destroy them. There are low tree branches in new and old planted trees but you don't see responsible, law abiding neighbors taking out the chain saws and cutting the trees down.
Sometimes it takes a judge to help people to see the light. This situation appears to be one of those. He got caught and thank you to the people who were outraged enough to report this to City Hall. Kudos and applause for getting this landlord an education of the laws of this city. Ignorance of the law is no excuse. Owning a property does not give one an excuse to break city laws.
If this landlord is truly enlightened he will gladly replant these trees and in restitution pay to replant more trees in Buffalo. This is in restitution for his ignorance and destruction of City of Buffalo property that we paid for.
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eliz
I agree that the trees shouldn't be cut down--they are city property--but I just want to comment that it is very unfortunate that so many Norway maples were planted on our side streets. They are not native, their huge, and constantly spreading root systems do terrible damage to sewer systems and make it impossible to grow anything anywhere near them. They are water hogs as well. They just suck. I urge anyone considering planting a tree not to pant them.. There are lots of great tree choices out there, including native trees that provide important habitat to beneficial insects. Urban Roots has good information on this.
I totally agree that the fine should be raised, etc., and I would NEVER cut down an easeway tree. I just wish the city were more thoughtful in their tree choices.
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al-alo
ditto for silver maples. they get huge. then they rot on the inside. youll never know it either, at least until they are cut down or fall.
or chinese sumacs, brittle, brittle!
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AvaRouge
Or Sycamores- messy, messy!
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fill
al-alo sure has that right. Twice I have been thrust into darkness (once for two weeks) when branches of a huge silver maple in the neighbour's yard came down and landed on the power line serving my house.
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47HEX
If the city is allowed to file a lawsuit seeking replacement value for the tree, then property owners should be allowed to seek compensation from the city for damage caused by city owned trees to the property owners water and sewer lines. I like trees too, but having a large tree in front one ones property is a huge liability to the property owner. These situations put a property owner in legal limbo. They are not allowed to remove problem trees from their own property, yet they are liable for damage caused by the tree. The city is only taking "swift action because they see a chance to increase revenue by fining the property owner. Many of you seem to feel that the owner on Cottage Street is some kind of criminal, you may change your opinion when you have to shell out several thousand dollars to dig you your front lawn and replace a sewer line. Not to mention the thousands of dollars in damage that carpenter ants originating from city trees cause to homes in the city every year. If the city were to properly maintain the trees, remove them when they become too large, or allow the property owners to do so, many of these issues would be alleviated.
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Rez
1. Yes the city should use more indigenous trees.
2. In Amherst when trees lift up the side walks the home owners have to immediate repair them at their own cost. This city used to be like a forest and there used to be a large forestry crew. The black ants have probably been here since before the Ancient inland sea and the Ice Age. If you have termite ants take lemon juice and put it around the parts of your house that they are going after. It is part of the WNY environment to have these ants and replacing wood they destroy is a small problem in comparison to what goes on down south. The roots do sometimes cause damage to sewer lines but the trees clean our air and make oxygen. The trees cool the city in the summer and provide nesting places for indigenous wild life.
3. The chest nut trees causes damages to cars whe the nuts fall and hit the thinner metal surfaces.
4. The benefit from trees to Buffalo is greater than the negatives.
5. Trees and linbs fall from time to time as does snow in the winter. This is what it is like to live here.
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eliz
If there is a tree plague such as Dutch elm disease or some other problem, the mistake of planting a monoculture (such as a block of Norway maples) becomes very clear.
The fact is, the city does NOT take care of their easeway trees. They do NOT put much thought into planting native cultivars or diverse plantings. These are not issues to be excused as trivial or beside the point.
Let the city hire a dept. of arborists (not just one guy) and show they are serious about this. Then I'll take them seriously. Trees are important.
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buffaloed
If this man is being fined for cutting down three trees, then I would like city hall to fine each and every resident who fails to water the tree planted by any organization or group or city entity in front of their house, which results in the sapling's untimely death. All too often the city plants trees, which makes for great photo ops, but does not secure the tree's future. In reality, a watering crew would be prohibitively expensive, so the watering, pruning, and maintenance of the tree for its first two years (very crucial) fall on the homeowner. I fear for the future of these newly planted trees citywide, all too often homeowners are too lazy and complacent to worry about these tree's survival.
Single family residences are not alone here, renters should take charge as well, especially if your landlord does not live in the building.
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magnum
Were are the dogs going to pee now?
ruff :(
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sbrof
The oldest tree in Buffalo is a Sycamore. It only have a few small branches break after the storm. They like Elms are actually stronger and better urban trees. They have a slightly different structured grain than maples or others that create stronger branches more resistant to loads like the ones we saw in October.
I agree with Res that if lighting was the main 'problem' with these then a couple brighter bulbs on his own property, the front porch, would have probably did the job better. Street lights don't offer safety to anyone it is just perceived at best. If someone wants to hide. They are going to find a spot whether or not there is light. It's night time you can't expect to see like it is daytime.
If the tenants showed concern? Why, did something happen? Was it linked to lack of lighting? Or just a bunch of people who are going to fear everything whether or not there was a light or not. Sure great the tree as gone from them? Do they feel safe now? Somehow I doubt it. All that is left is less fresh air, more storm water into the system raising all of our water rates, less shade and beauty, cooling for out city. Now they can see the sidewalk at night and have to buy air conditioners because their apartments get to hot from the sun..
Good job.
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keepbuffalobeautiful
I typically follow the environmental and technical forums because they are more relevant to my line of work, but I will add my words here also...I am a huge proponent of natural environment and have for years pushed for green design and urban environmental awareness however I am amazed at the publics ability to be drawn in by story spin. '2 or 3 trees felled' is not a story or even noteworthy without understanding the bigger picture. If we consider also that hundreds of trees are felled every year in the name of real estate development in this city alone I have to wonder why all the attention to this 'story'? All of this 'Lynch em!' energy makes it apparent that this is an important topic and maybe this event has a usefulness in that it raises a great dialog but my sense is that the powers that be, news media, politicians etc will drop this story pronto when they do their research and realize that the alleged perpetrator has singlehandedly done more for Allentown than the city has been willing or able to do in years. This city was built on a forest and we have to live in harmony with our surroundings...but Its an attitude like several of the postings that I see here that takes the best architects, business owners, real estate investors and environmentalists and makes us want to move to a city with an accurate perspective and forums that focus on truly important issues. Green building, Business development, sustainable energy... these are real topics.for those that are truly engaged and interested in Buffalo, the environment and our cities overall health. Not the wild musings of the rabbles reaction to right of way foliage.
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keepbuffalobeautiful
I typically follow the environmental and technical forums because they are more relevant to my line of work, but I will add my words here also...I am a huge proponent of natural environment and have for years pushed for green design and urban environmental awareness however I am amazed at the publics ability to be drawn in by story spin. '2 or 3 trees felled' is not a story or even noteworthy without understanding the bigger picture. If we consider also that hundreds of trees are felled every year in the name of real estate development in this city alone I have to wonder why all the attention to this 'story'? All of this 'Lynch em!' energy makes it apparent that this is an important topic and maybe this event has a usefulness in that it raises a great dialog but my sense is that the powers that be, news media, politicians etc will drop this story pronto when they do their research and realize that the alleged perpetrator has singlehandedly done more for Allentown than the city has been willing or able to do in years. This city was built on a forest and we have to live in harmony with our surroundings...but Its an attitude like several of the postings that I see here that takes the best architects, business owners, real estate investors and environmentalists and makes us want to move to a city with an accurate perspective and forums that focus on truly important issues. Green building, Business development, sustainable energy... these are real topics.for those that are truly engaged and interested in Buffalo, the environment and our cities overall health. Not the wild musings of the rabbles reaction to right of way foliage. This has become a dialog about punitive techniques and justifications and not one that is positive and constructive.
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Rez
keepbuffalobeautiful your wrong as the day is long. Three trees being wrongfully chain sawed down is a story.
It is positive and constructive to call out this wrong doing. Where dd you get "lynch em?" Demanding redress by the legal process for restitution or higher fines is not mobs calling for an execution.
Just because somebody has property or a degree is absolutely no excuse for taking the law in their own hands.
Maybe a government for, by and of the people isn't something for the high falootin but nobody has the right to lumber jack over Buffalo. Ignorance of the law is no excuse and neither is special treatment for people you deam above the law. We don't care if this person is the President of the U.S.A. or the Pope. There is no excuse for chain sawing down City of Buffalo property. Justice means being fair across all segments of this community. If we start elevating people with an education or power above the law than we might as well all move away to Iran.
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