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Tree strife might be misdemeanor

January 31, 2004

Robert Chacon

A La Crescenta couple has filed a misdemeanor complaint against the

Crescenta Valley Water District for allegedly chopping down four

mature trees on public property without a permit.

Husband and wife Ted Baumgart and Cathryn Williams, flanked by

about 10 other La Crescenta residents, filed the report at the

Crescenta Valley Sheriff's station Thursday night. Officers at the

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station logged it as a suspicious circumstances report since a

suspect or victim had not been determined by Friday, authorities

said.

Residents were angered when they discovered that the district had

removed the trees on Jan. 17 without notifying the public.

Though most of the 11 trees the water district cut were on private

property, four mature jacarandas were on a sliver of property

fronting the 4400 block of Raymond Avenue that residents claim

belongs to the county.

Removing trees from county property without a written permit from

the director of parks and recreation is illegal, according to county

code.

The water district received verbal permission to remove the trees

but did not secure a written permit, said Mike Sovich, general

manager for the water district.

"We contacted the county's department of public works ahead of

time and they said we didn't need a permit. Someone gave us verbal

permission," he said.

The county called back after the trees were removed and told

Sovich that a written permit was needed after all, Sovich said,

adding that he is trying to get a permit retroactively.

A sheriff's detective has been assigned to investigate the case,

and must first determine if a victim exists and if the victim wants

to prosecute, Deputy Dan Connolly said. Afterward, a detective will

determine if the property in question is county property or an

easement, if a permit was secured and whether the district acted with

intent to cut, knowing it was illegal. The case will be forwarded to

the district attorney's office to determine if charges will be filed.

"This ranks along with other requests for service. We take it very

seriously when there is a possibility that a law has been broken,"

Connolly said.

Punishment for cutting the trees ranges from $5 to $200 per tree,

and up to 50 days in jail.

But for some residents, punishment is not the point.

"The important thing is that the law is there and people know

about it and that it is enforced," Baumgart said. "No one is above

the law. There is a process that has to be adhered to."

The trees were cut down as part of the water district's

landscaping plans. Officials say they want to plant drought resistant

and California native plants, including California live oaks to

replace the downed trees.

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