Ypsilanti Township to require removal of dangerous trees that threaten private property
Ypsilanti Township has approved an ordinance that will help it solve a classic dispute between neighbors.
A new tree removal ordinance will give the township authority to require property owners to remove a dead, dying or diseased tree if it presents a danger, threat or hazard to neighboring private property.
Dead branches on a tree in an Ypsilanti Township neighborhood
Tom Perkins | For AnnArbor.com
“We have been getting a lot of calls from people saying ‘There’s a tree on my neighbor’s property that is in danger of falling on my fence, my shed, my house and my kids play back there,” Mike Radzik, director of the office of community standards, told the Board of Trustees at their regular June meeting.
At its July 22 meeting, the Ypsilanti Township Board of Trustees unanimously approved the ordinance’s second reading.
The township would first provide a warning and then a citation if the tree isn’t removed, Radzik said. The civil infraction would be punishable by a fine up to $500.
But at the June meeting Trustee Scott Martin warned that the township needs to insert an arborist into the process who can make a qualified decision about whether or not a tree is actually diseased or dead.
He said the township could face legal action if it is ordering a tree that isn’t dead or diseased to be taken down.
“There will be some liability when we start telling people what to do with their property,” he said. “We want to make sure we’re right when we’re telling someone what to do.”
That issue was resolved after the June meeting when Residential Services Director Jeff Allen informed other staff that he holds a degree in horticulture and will act as the township’s expert horticulturist for no charge.
“We always try to work with people. We recognize that tree removal can be expensive,” Radzik told the trustees.
Radzik said the ordinance that has allowed the township to remove trees that pose a threat to public property has proven useful on several occasions. He described a large, old tree that was like the “Leaning Tower of Pisa” in West Willow that was hanging over a road.
A notice of violation was issued to the landlord and the tree was quickly removed. In another case, a tree that was hanging over trailers in a trailer park and in danger of falling was removed after the township issued a notice of violation.
But until now, the township has had no ability to address trees on private property that threaten other private property.
“Where there’s a tree close to the property line that's going to fall or poses danger; this will give us the ability to try to address it before it happens,” Radzik said.
Tom Perkins is a freelance reporter for AnnArbor.com. Contact the news desk at news@annarbor.com or 734-623-2530.
Comments
E. Daniel Ayres
Mon, Aug 5, 2013 : 7 p.m.
This ordinance makes sense to me. When I bought my house in 1986 there was a large silver Maple in my next door neighbor's yard that had a big opening where a downed branch had been removed and then the scar had been allowed to rot. I worked with my neighbor to have the tree cabled (I think I chipped in $400.00 at the time). The tree is still there, and has been trimmed back at my expense over my driveway and garage since that time. I love having the shade it provides, but sometimes worry that it is structurally unsound. I probably won't depend on the Township for an initial assessment of the situation since I have several older trees on my lot and they need attention on a fairly regular basis. My neighbor stands to loose a whole lot more than I do if his tree blows down. It will hit his house first, then my garage, depending on the wind direction. Unfortunately, another silver maple in my back yard dropped a large branch on my house and patio in an ice storm in February. I still have not been able to find a contractor willing to undertake the needed repairs to my vintage shaped limestone patio wall. I had this tree cabled too, what is left of it after the power company disfigured it, a lightning strike took out the top, and a severe ice storm broke off an 8" in diameter limb. My advice to all, Don't plant Silver Maples! They are as common as weeds and only live about 70-80 years!
jns131
Thu, Aug 1, 2013 : 9:50 p.m.
This is worrisome to me because there are neighbors who really hate eachother and if it comes down to a tree dispute? It could get ugly. Some trees I know are in great health but some neighbors think too high is too high. The trees in our area? Have survived even the wickedest storms. I don't like hearing this one.
E. Daniel Ayres
Mon, Aug 5, 2013 : 7:13 p.m.
In this world of small house plots, the only places that make sense for trees of any stature is on or near property lines. Neighbors should collaborate on the creation and maintenance of a good canopy since the average temperature under trees is 10-15 degrees lower than in the direct sun. Having a tree that shades your roof can save you hundreds of dollars a year in heating and cooling costs. Invoking this ordinance should be a property owner's last resort, when a situation of neglected maintenance is obvious to all.
Bruce W
Sat, Aug 3, 2013 : 4:40 p.m.
Planting trees near boundary lines keeps your neighbors from looking straight into your house sometimes. Depending on the type of tree and how big it will grow to you probably don't want to plant it next to your house and have the branches hit the siding in a few years or the tree roots to grow into your sewage lines and have the sewage back up in the house. Digging up your yard to replace busted sewage lines is expensive.
Ann English
Fri, Aug 2, 2013 : 11:34 p.m.
I had no idea until tonight that Arborvitae is a species of cypress tree. If they can grow tall enough to block out the sight of neighboring houses, maybe they can be used to grow high hedges, too. Hopefully, no onein Ypsilanti, whether citizen or city employee, mistakes a larch in the winter for a dead tree. Larches and the bald cypress trees growing in the South, are two pine species that DO shed their leaves in the fall.
jns131
Fri, Aug 2, 2013 : 2:59 p.m.
Depends on the trees. If you use Arborvitae this grows high enough to block out even the ugliest house. So, I give up. Why are trees planted on boundary lines?
Tom Todd
Fri, Aug 2, 2013 : 1:41 a.m.
why are trees planted near boundary lines.
Ben Petiprin
Thu, Aug 1, 2013 : 7:08 p.m.
I don't care what they say. It's another blanket attempt to clear people out by making it crazy expensive to live in Ypsi. Your plan is going to fail and here's why. There's still no good reason to live here, unless you were born here. Dwindling public services, all sorts of taxes and ordinances, high rents, bad schools, no jobs. So as you're pricing more and more people out, no one's going to come in to recoup those numbers. Tax revenue will shrink as people leave no matter how high you raise it per person. The town will ultimately be emptier and more dangerous than it is now.
IVote
Thu, Aug 1, 2013 : 3:59 p.m.
I can see this in a few instances, but my guess is a lot of people will request it when it's not necessary. I can see neighbor issues here. Just another overreach of township officials. Isn't killing uswith taxes enough?
John
Thu, Aug 1, 2013 : 6:30 p.m.
"killing us with taxes"? Surely you jest. Try living in Ypsi-proper or A2 if you want to see fatal taxation.
Nicholas Urfe
Thu, Aug 1, 2013 : 2:02 p.m.
"dangerous trees that threaten private property" I was hoping they were carnivorous trees. Or Triffids.
jns131
Thu, Aug 1, 2013 : 9:48 p.m.
They did make a movie out the Triffids. I am waiting on the Elms side of the story.
oblivia
Thu, Aug 1, 2013 : 8:49 p.m.
Or like the apple trees in "The Wizard of Oz", lobbing projectiles at passers-by.
tdw
Thu, Aug 1, 2013 : 1:42 p.m.
I don't know if this adds anything but a lot of Chinese Elms were planted 50 years ago or so ago because they grew fast and tall.They are one of the weakest,dirty trees out there.We cut all of ours down back in 82' ( I think ) after that big storm when the sky turned green
Ann English
Fri, Aug 2, 2013 : 11:10 p.m.
You mean that their branches fell on the power lines? I remember that Green Sky Storm resulting in five days without power. You describe them as weak; do you mean they fall over more easily in storms than other trees do? If you do, then I can see why they should never be planted near any road.
treetowncartel
Thu, Aug 1, 2013 : 2:16 p.m.
They are akin to a weed, hate those trees
justcurious
Thu, Aug 1, 2013 : 1:30 p.m.
Now if they could only get the road commission to do the same thing. There are enormous dead oak limbs hanging over many of the roads in Washtenaw County just waiting to fall. An oak limb falling on a vehicle could easily kill the occupants. We used to have services like that in the county but no more.
E. Daniel Ayres
Mon, Aug 5, 2013 : 7:06 p.m.
Maybe if a "road commission tree" threatens your property, you could call the Township and get them to fine the county for not doing its job!
Linda Peck
Thu, Aug 1, 2013 : 1:23 p.m.
This comes as great news to me.
Soothslayer
Thu, Aug 1, 2013 : 1:17 p.m.
This is a great plan, many people won't do anything until its too late. Can't afford the maintenance? Don't buy the property. Be responsible and proactive so the government doesn't have to tell you to do the right thing.
tdw
Thu, Aug 1, 2013 : 8:06 p.m.
Well it seems my use of one word made me violate sooo I'll give it another shot djacks....I find your comment " have the sense to downsize " as arrogant , offensive , belittling , and lack of any type of logical thinking ( will that pass A2.com ? )First ,there are many seniors who bought their houses when there were no neighbors . Second, many people don't have your parents resources to relocate ( $ ) third many seniors bought their homes expecting to live there until they die.Third how in your infinite wisdom would tell old folks who are 70,80,90 to "down grade " ? they paid off their houses because of hard work ( I'd actually like to know how much of hard work you've done ).And please tell me what they should do with generations of family items ? You won't.The point I'm trying to make the statement " Can't afford the the maintenance don't but the property " is just plain .........
djacks24
Thu, Aug 1, 2013 : 1:55 p.m.
""So the don't buy it if you cant afford the maintenance" comment doesn't hold much water." Actually, it holds a lot of water. Older folks that can't take of their property anymore usually have the sense to downsize. Right now my parents have several acres of property with several large trees. They are fully aware that once it becomes a burden to them they will downsize to something more manageable.
tdw
Thu, Aug 1, 2013 : 1:35 p.m.
Soothslayer....Ok first many properties a purchased at a time when there were no neighbors. Secondly there are many seniors who have been been in their houses for 50 60 70 years when said trees were saplings.In my neighborhood it has gone from a few dozen to several hundred of homes ( could be a thousand ) in the last 30 years."So the don't buy it if you cant afford the maintenance" comment doesn't hold much water.
Mr. Ed
Thu, Aug 1, 2013 : 1:05 p.m.
More government oversight.
John
Thu, Aug 1, 2013 : 6:27 p.m.
Local/Township govt is about as close to voluntary federalist government as you can get. Stop making everything into some anti-authoritarian, anti-govt issue.
djacks24
Thu, Aug 1, 2013 : 1:50 p.m.
Unfortunately, too many people are so self-involved or ignorant that they need to be told what to do. In other words, if people were handling their obligations there would be no need for big brother to tell them to do it.
local
Thu, Aug 1, 2013 : 12:47 p.m.
Great question tdw, the tree removal process is extremely expensive. So someone gets a 500.00 fine and then is required to pay for removal as well, just don't see that happening in many parts of Ypsi. Township.
slave2work
Thu, Aug 1, 2013 : 4:28 p.m.
I agree.. I had a tree taken out last year.. it was 1200.. their are many people who will never be able to afford that cost.. I had to use part of a school loan to pay for it.
tdw
Thu, Aug 1, 2013 : 11:29 a.m.
I wonder if the Township will do it at a reduced price .Professional tree services can be quite costly and someone doing it themselves can be pretty dangerous if they don't know what they are doing
Cory C
Thu, Aug 1, 2013 : 6:31 p.m.
Actually this is false. Most tree companies don't charge very much to cut the trees down, as they make a profit selling the tree to the lumber companies. The exception to this is if the tree is near any power lines, as you have to cut the branches individually to clear a path. Which is both dangerous (to the guy up the tree wielding a chainsaw) and time-consuming (to the rest of the crew standing around waiting for him to do it).
Julia Herbst
Thu, Aug 1, 2013 : 4:57 p.m.
Ill be the first person to tell ya that the tree in our front yard definately needs to come down, but theres no way we can afford the crazy prices to have it removed. So we just pray it doesnt fall on the house in a storm.