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2070 GULF TO BAY BLVDA��� "i I w` G��� �o -Lze3t 1vd. Tee�aco s A be CITY OF CLEARWATER MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 Telephone (727) 562 -4720 Fax (727) 562 -4735 Compliance Notice Planning Department OCHI C/O THOMAS BURNES 16312 BYRNWYCK LN ODESSA, FL 33556 RE;' 2070 GULF TO BAY BLVD Dear Property Owner: CDC2008 -02024 The City of Clearwater Planning Department has done a re- inspection at the above address and has found the property is in compliance of the following City code: Section of City Code violated: 3- 12041. Facts behind violation: * *DEAD, DECLINING, MISSING AND DISEASED PLANT MATERIAL ** shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting ��n accordancet // Ne approved landscape Ian. �, -1 DATE MAILED: 9/9/2008 INSPECTOR: Matthew Anderson INSPECTOR TELEPHONE: 562- 4567xt2504 Inspector Sig r:\Forms\CDC—Compliance-Tree.rpt bps 'in%` Planning Department OCHI C/O THOMAS BURNES 16312 BYRNWYCK LN ODESSA, FL 33556 CITY OF CLEARWATER MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 Telephone (727) 562 -4720 Fax (727) 562 -4735 RE: 2070 GULF TO BAY BLVD Dear Property Owner: Courtesy Notice CDC2008 -02024 The City of Clearwater Planning Department has done an inspection at the above address and has found the property is in violation of the following City code: Section of City Code violated: ' 3- 1204.L. Facts behind violation: **DEAD, DECLINING, MISSING AND DISEASED PLANT MATERIAL ** shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. Specifically, To be in Compliance with Section 3 -1204 Part L you must install 3 hibiscus bushes at the Gulf to Bay Blvd. entrance. Install a perimeter hedge along the east perimeter of property. Install a perimeter hedge along Gulf to Bay Blvd. Half of the perimeter hedge on the South side of the entrance on Mercury is missing and should have one installed. Mulch any and all landscaping beds on the property according to Section 3 -1204 Part B. No further action is required on your part if the violation is corrected by August 23, 2008 Our goal is to achieve voluntary compliance through education, communication and cooperation. We would appreciate your assistance in achieving this goal. If y u Pave any questions concerning this matter, or if you need any additional information, please do not h i a t co . ct City of Clearwater Planning Department. DATE MAILED: 7/23/2008 INSPECTOR: Matthew Anderson INSPECTOR TELEPHONE: 562- 4567xt2504 Inspector Signature rAForms \CLW CourtesyLtrCDC. rpt tA f oho -G�_l fd �Ct OL 4 -- -- A f o tq 5k e, _ Lq 4- ZOM - - -- - — -o� V1, 1K DEPARTMENT OF THE CITYCoWfied & Regular Mail October 30, 2002 I TY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 CITY HAIL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLoRIDA 33756 TELEPHONE (727) 562 -4090 FAx (727) 562 -4086 Ochi LLC (Oil Can Henry's) 1200 NW Naito Parkway, Suite 690 Portland, OR 97209 -2800 RE: Municipal Code Enforcement Board Case No. 22 -02 2070 Gulf to Bay Blvd Dear Sir: Attached is a copy of an Affidavit of Compliance on the above - referenced property submitted to this office by Code Inspector Scott Kurleman. Since you have complied with the Board's Order, this case is now closed. Very truly yours, Mary 7YUin , Secretary Municipal Code Enforcement Board Attachment cc: Bryan Ruff, Assistant City Attorney <,Stoft-Kurleman "EQUAL EMPLOYMENT AND AFFIRMAnvE ACTION EMPLOYER_' T vk 4 MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF COMPLIANCE City of Clearwater, Florida Petitioner vs. Ochi Llc (Oil Can Henry's) 1200 Nw Naito Parkway, Suite 690 Portland , OR 97209 -2800 Respondent Case #: 22 -02 OCR' 4 7 2002 I, Scott Kurleman, have personally examined the property described in the Municipal Code Enforcement Board Order dated June 28, 2002in the above mentioned case, and find that said property is now in compliance with Section 3- 1205(F)(3), 3- 1204(J) of the City of Clearwater Code of Ordinances, as of September 25, 2002. r�Scott Kurleman STATE OF FLORIDA ] COUNTY OF PINELLAS] SWORN AND SUBSCRIBED before me on this 7TH day of October, 2002 by Scott Kurleman. EPERSONALLY KNOWN TO ME �pD CED S IDENTIFICATION OCT -06 -2002 10:28 AM BURNES 813 792 5767 P.01 y � To: Mr. Scott Kurleman. Fax # 727 562 4576 From: Burnes Thomas 813 792 5767 Scott, IU /S/O � Here is the site plan I promised you. Please review and let me know if it ok with you. I had a death in the family Friday right and I am on my way to Austin, Texas. Will be back in the office Tuesday Oct. 8d'. Burnes Thomas N m a LO N� M OD W z Q .. Oo N Dr m N Q G N ' Ike �D ll—L ' P.oa� U Pine; t�;- .z�.a�iis3�j tri 7 v v.e.n. � � �.• �• New _ Gud.f To Bay Blvd. Drive way Site Plan F OR Can Henry 2070 Gulf to Bay Bivd Clearwater, Fl. 33765 '40 New Pine 0 �r = ` � Ncj� 0� -tAe (-opo I Exisfing Live Oak Tree asp �-f MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF COMPLIANCE Case #: 22 -02 City of Clearwater, Florida Petitioner vs. Ochi Llc (Oil Can Henry's) 1200 Nw Naito Parkway, Suite 690 Portland , OR 97209 -2800 Respondent I, Scott Kurleman, have personally examined the property described in the Municipal Code Enforcement Board Order dated June 28 2002in the above mentioned case, and find that said property is now in compliance with Section 3- 1205(F)(3), 3- 1204(J) of the City of Clearwater Code of Ordinances, as of September 25, 2002. Scott Kurleman STATE OF FLORIDA ] COUNTY OF PINELLAS] SWORN AND SUBSCRIBED before me on this 7TH day of October, 2002 by Scott Kurleman. PERSONALLY KNOWN TO ME P4;tDD CED S IDENTIFICATION Type Of Identification z Iz/u,— Notary Public, (Notary Signatur J � Name of Notary (typed, printed, stamped) ,DEAN PEED NOW 89M 1*C 25 2OD4 eorom n+eoua+ �aw+uc+c Now►r (Rev. 12-- 27 -0 -1) ocr -03 -2002 03:00 PM BURNES 813 792 5767 P.01 'V To: Mr. Scott Kurleman Fax # 727 562 4576 From: Burpes Thomas Scott, 10 /02/01 Sorry, I thought Kevin furnished you with a copy of this letter. I also spoke with Kevin and he assured me he would cont#ct you today and fax you a site plan. Burnes OCT -03 -2002 03:00 PM BURNES 813 792 5767 P.02 108N11AWN WNTIME To: CITY OF CLEARWATE.R C/O SCOTT KURLEMAN RE: OIL CAN HENRY'S 2070 Gulf to Bay Blvd Clearwater, Fl 33756 P. O. BOX 4597 Clearwater, Florida 33758 Ph; 727 4610697 September 25, 2002 Installed: 3 Pines and 3 Crape Myrtles with silica in hole, garden beds cut out and mulch put in. I'll keep an eye on the 2 oak trees left in, W Rureakjt that my crew does not shape the trees from the top., so that we can get them back to their natural looking state. Any questions please fell free to contact me at: Office: 727 4610697 Cell: 727 224 4376 Sincerely, 4 , _j LONG RANGE PLANNING DEVELOPMENT REVIEW July 19, 2002 CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4576 Oil Can Henry r Case 22 -02 Burnes Thomas 813 - 792 -5767 Per you request, I am making recommendations for the above referenced site to come into compliance with the Municipal Code Enforcement Boards order. Completion of the following requirements will bring the site into cliance: T. Removal of 3 topped live oak trees. An assessment by an ISA Certified Arborist regarding the structural integrity of the identified Oak tree. A Installation, including mulching, of three 30 gallon, Fl Grade #1, multi stem, 8- l Oft Ligustrum trees in a cluster in the southwest buffer j 4corner. . Installation, including mulching, of three 30 gallon, FL Grade #1 multi stem, 8-1 Oft Crape Myrtle trees, staggered along the south 15. buffer. These changes noted on the approved landscape plan. Should you have any further questions, please contact me at 727 - 562 - 4746. Sincerely, Scott Kurleman Land Resource Specialist BRIAN J. AUNGST, MAYOR- COMMISSIONER ED HART, VICE MAYOR- COMMISSIONER WHITNEY GRAY, COMMISSIONER HOYT HAMILTON, COMMISSIONER ® BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" DATE J I ME FAX N0. /NAME DURATION PAGE(S) RESULT MODE TRANSMISSION VERIFICATION REPORT 07/19 09:15 98137925767 00:00:25 01 OK STANDARD ECM TIME : 07/19/2002 09:15 ;Q DEPARTMENT OF THE CITY CLERK Certified & Regular Mail June 28, 2002 CITY,OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLoRIDA 33758 -4748 CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4090 FAx (727) 562 -4086 Ochi LLC (Oil Can Henry's) 1200 NW Naito Parkway, Suite 690 Portland, OR 97209 -2800 RE: Municipal Code Enforcement Board Case No. 22 -02 2070 Gulf to Bay Boulevard - Oil Can Henry's Dear Sir: Attached is the Order issued by the Municipal Code Enforcement Board on June 26, 2002. Please note the date of compliance is September 24, 2002. When you comply with the Board's Order, please call Scott Kurleman, Code Inspector at 727 - 562 -4746. Very truly yours, Mary K° Di a, Secretary Municipal Code Enforcement Board Attachment cc: Bryan Ruff, Assistant City Attorney Scott Kurle -ode - Inspector ,BRIAN J. AUNGST, MAYOR - COMMISSIONER SAMceb \Forr#y -M ��tt � �1E1 off Tm �ii i4P i c HoYr HAMILTON, COMMISSIONER RANK 1EIARD, OMMISSIONER Biu. JONSON, COMMISSIONFR "EQUAI, EMPLOYMENT AND AFFIRMATIVI? ACTION EMPLOYER" Y, Y, CITY OF CLEARWATER, Petitioner, VS. Ochi LLC (Oil Can Henry's) 1200 NW Naito Parkway, Suite 690 Portland, OR 97209 -2800 Respondent. ) 2070 Gulf to Bay Blvd aka Section 13 -29 -15 M &B 13 -07 The Municipal Code Enforcement Board has heard testimony at its regular meeting held on June 26, 2002, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Burns Thomas for respondent and Code Inspector Scott Kurleman for City, and viewing the evidence, City Exhibits: Exhibit 1 -Code Letter; Exhibit 2- Notice of Violation; Exhibit 3- Development Code; Exhibit 4- Property Appraiser Report; Exhibit 5- Affidavit of Violation and .Request for Hearing; Exhibit 6- Location Map; Exhibit 7- Photos, it is evident the property is in violation of the City Code in that four trees on the subject property have been "topped" and "shaped ". CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 3- 1205(F)(3), 3- 1204(J) of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violations. ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation by September 25, 2002. The burden shall rest upon the Respondent to request a re- inspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before September 25, 2002, the Respondent may be ordered to pay a fine in the amount of One hundred dollars ($100.00) per day for each day the violation continues beyond September 25, 2002. If Respondent does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by the Respondent pursuant to Chapter 162 of the Florida Statutes. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Page 1' of 2 Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. DONE AND ORDERED this 26th day of June, 2002, at Clearwater, Pinellas County, Florida. Attest: Mary V Marta Board Secretary MUNICFPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER, FLORIDA L. Duke Tieman, Chair Date signed: Sent by certified mail, with return receipt requested, to the Respondent this day of June, 2002. PLEASE RETURN TO: CITY OF CLEARWATER CITY CLERK DEPARTMENT P.O. BOX 4748 CLEARWATER, FL 34618 -4748 ell Mary K. is Board Secretary Page 2 of 2 THE CITY OF CLEARWATER CODE ENFORCEMENT BOARD CITY OF CLEARWATER, FLORIDA City of Clearwater, Florida CASE NO. 22 -02 Petitioner VS. Ochi Lic 2070 Gulf to Bay Blvd., Clearwater, MD 33765 Respondent(s) AFFIDAVIT OF SERVICE /POSTING BEFORE ME personally appeared Scott Kurleman, INSPECTOR, who deposes and states the following: 1. On the 14th day of June, 2002, 1 personally served the attached papers by leaving-,-,,aid papers with n -A , (Name of Person Who Receives Papers) or physically posted said papers at 2070 Gulf to Bay Blvd , (Address Where Papers Posted) Clearwater, Florida. 2. On the same date I caused the attached to be posted at City Hall. 3. The above papers were posted at least ten (10) days prior to the r scheduled meeting. FURTHER Affiant sayeth naught. Scott Kurleman STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this /4"— day of June, 2002 by Scott Kurleman who is personally known to me and who did not take an oath. NotarVPulic (seal below) ,PRY p .. �o• Mary K. Diana MYCOMMISSION# CC976267 EXPIRES October 19, 2004 �''`. dF; i� °e•� BONDED THRU TROY FAIN INSURANCE, INC S: \Mceb \Formats MCEB \Affidavit of Service Posting Format.doc a s714-,2 7 C>-,� -&Q tt,� Published by ®The National Arbor Day Foundation 100 Arbor Avenue •raska City, NE 68410 AAft 11 t Top ees, V��O Tr Tree topping is the senseless brutalizin trees. It brings about the uglification of A urban forest, striking some communities a plague. Seeing trees that have been permanent desecrated by topping both angers and saddens me. I'm angered because it is so senseless and so destructive. I'm saddened because I know that people have spent good money to perform this mutilation, often with the best of intentions. It's not that people who pay for trees to be topped aren't good people. They're just uninformed about the consequences of topping and about the better alternatives that are available to them. Nationally, neither individuals nor communities are spending enough money on tree care. It just makes no sense to use the money that is being spent on a practice as detrimental as topping. Jim Fazio has skillfully described the reasons you should not top trees, and the available alternatives, in this very important Bulletin edition. I hope you will be relieved of the slightest temptation to top trees on your property, and that you will lend strong support to ending the topping of trees in community. �;;Z 0�7� John Rosenow President The National Arbor Day Foundation TREE CITY USA® BULLETIN No. Dr. James R. Fazio, Editor • $3.00 d m a z ,n a s 0 What Is Top ping? The sight of topped trees is all too common in the communities and along the roadways of America— trunks with stubby limbs standing naked in the landscape, trees stripped of all dignity and grace. To one who loves trees, the sight usually evokes anger and disgust. As more is learned about the long -term effects of tree topping, the more senseless this practice becomes. It is more than an assault on beauty, it is unnecessary stress and increased risk to the tree's health. It is also a self - defeating exercise usually not worth the expense, and the results pose a danger from rot and weakly attached re- growth. In short, as one arborist said, "Topping is the absolute worst thing you can do for the health of your tree." Trees are often topped because they grow into utility wires, interfere with views or solar collectors, or simply grow so large that they worry the landowner. Some people— having seen trees topped in a park or other public place under the care of an "expert " —top their trees because of a mistaken impression that the practice is good for trees, especially because of the obvious flush of new growth that follows. Topping is also a result of irreputable "tree experts" knocking on doors and convincing the homeowner that for safety reasons, the job should be done. Their services are then offered —quick `n cheap. Why NOT To "Top" —Eight Good Reasons 0 Starvation: Good pruning practices rarely remove more than %< to %a of the crown, which in turn does not seriously interfere with the ability of a tree's leafy crown to manufacture food. Topping removes so much of the crown that it upsets an older tree's well - developed crown -to -root ratio and temporarily cuts off its food - making ability. © Shock: A tree's crown is like an umbrella that shields much of the tree from the direct rays of the sun. By suddenly removing this protection, the remaining bark tissue is so exposed that scalding may result. There may also be a dramatic effect on neighboring trees and shrubs. If these thrive in shade and the shade is removed, poor health or death may result. ® Insects and Disease: The large stubs of a topped tree have a difficult time forming callus. The terminal location of these cuts, as well as their large diameter, prevent the tree's chemically based natural defense system from doing its job. The stubs are highly vulnerable to insect invasion and the spores of decay fungi. If decay is already present in the limb, opening the limb will speed the spread of the disease. ® Weak Limbs: At best, the wood of a new limb that sprouts after a larger limb is truncated is more weakly attached than a limb that develops more normally. If rot exists or develops at the severed end of the limb, the weight of the sprout A Dange Situatior makes a bad situation even worse. 2 • TREE cnY USA BULIXTIN No. 8 • National Arbor Day Foundation Bsapid New Growth: The goal of topping is usually to control the height and spread of a tree. Actually, it has just the opposite effect. The resulting sprouts (often called water sprouts) are far more numerous than normal new growth and they elongate so rapidly that the tree returns to its original height in a very short time —and with a far more dense and dangerous crown. Tree Death: Some species of trees are less tolerant to topping than others. Beeches, for example, do not sprout readily after severe pruning and the reduced foliage most surely will lead to death of the tree. Ugliness: A topped tree is a disfigured tree. Even with its regrowth it never regains the grace and character of its species. The landscape and the community are robbed of a valuable asset. Cost: To a worker with a saw, topping a tree is much easier than applying the skill and judgment needed for good pruning. Therefore, topping may cost less in the short run. However, the true costs of topping are hidden. These include: reduced property value, the expense of removal and replacement if the tree dies, the loss of other trees and shrubs if they succumb to changed light conditions, the risk of liability from weakened branches, and increased future maintenance. Topping vs. Pruning When a decision is made to reduce the size of an older tree, it can be topped, or it can be pruned properly. Although the speed and nature of regrowth will depend on species and local factors, any comparison of irresponsible topping vs. competent pruning will be dramatic. .. Topping ill M11 j �1 toy Year 1 The topped tree is an ugly stub and a remnant of a once lovely tree. If pruned properly, size is reduced but form and beauty are retained. Year 3 Vigorous sprouts have sprung out of the topped tree in large numbers and are growing with abnormal rapidity. The pruned tree adds growth more slowly and distributes it more normally. Year 6 In a relatively short time, the topped tree is as tall —and far bushier and more dangerous —than it was to begin with. The properly pruned tree is safer, more beautiful, and its size better controlled. Topping by Any Other Name Is Just as Ugly Sometimes pseudo tree experts use different terms for the malpractice of topping. Here is a rogues' gallery of synonyms: • Stubbing • Hatracking • Heading • Topping -off • Heading -back • Dehorning • Stubbing -off • Lopping • Tipping • Roundover Pruning ■ ri I_' I H CITY USA BULLETIN No. 8 • National Arbor Day Foundation Alternatives To Top ping There are times when the size and shape of a shade tree need to be controlled. With care and skill, this can be accomplished without marring the tree's beauty or usefulness. Responsible pruning even contributes to the health and safety of a tree. As alternatives to topping, some general principles are: V Start out right by planting trees that will fit your available space when they reach maturity. See Tree City USA Bulletin No. 4, "The Right Tree for the Right Place." 1V- Begin proper pruning early in the life of a tree. See Tree City USA Butteti,n No. 1, "How to Prune Young Shade Trees." FV To slow growth of a tree; avoid the use of nitrogen fertilizer. FV Prune properly and regularly. A light pruning every three years will keep your tree in healthy condition. It will also have less drastic effects on both the landscape and your financial assets compared with neglecting older trees or resorting to topping. Careful planning at planting time is the best way to reduce the need later to control size or shape of a tree. Placing utilities underground and planting the right species in the fight place will allow tr'e2s to retain their natural form and beautify landscapes along streets and in parking lots. Proper Pruning Principles Dead Branch Bra Col First c throug at A, tl at B. N cut at C -D. Living Branch Thanks largely to the work of Dr. Alex L. Shigo and other scientists at the USDA Forest Service's Northeastern Forest Experiment Station in Durham, NH, much is now understood about a tree's natural system of defense against infections from wounds. Based on this knowledge, these methods of making pruning cuts are recommended to help 4 - TREE CITY USA BULL: nN No. 8 - National Aftr Day Foundation o� 0. work with rather than against a tree's natural tendency to wall off injured tissues and prevent the spread of decay. In these illustrations, final cuts should be made from points C to D. Do not cut along the C -X, which is simply an imaginary vertical line to help you locate C -D. s y z 0 Reducin the H of a Large Tree There are sometimes legitimate reasons to %�l 1 I reduce the size of a large tree. This can q J usually he accomplished through a pruning method called crown reduction rather than by topping. Perimeter limbs are pruned where they join large- diameter side branches. \ 1 \ P Jj Ole X41/ r . , G oe AO Arborists have different terms for pruning operations, usually based on the purpose for pruning and diameter of the limbs to be cut. These go by such names as hazard reduction pruning, crown raising (removal of lower limbs), crown cleaning, and others. A good reference on the technicalities of pruning is Richard W. Harris' Arboriculture (Prentice -Hall, Inc., Englewood Cliffs, NJ 07632). For standardized definitions, obtain a copy of Tree, Shrub and Other Woody Plant Maintenance — Standard Practice (ANSI A300 -1995) from the International Society of Arboriculture (P.O. Box 3129, Champaign, IL 61826- 3129). As an alternative to topping, the technique of most importance is one called crown reduction. The results can be most amazing. When done correctly, crown reduction can be like a good haircut — virtually unnoticeable. Crown reduction is a "thinning cut" that reduces height and spread without resulting in stubs and creating the kind of problems associated with topping. Rather than the ends of branches simply being lopped off, or truncated, selected limbs forming the perimeter of the tree are pruned at their junction with side branches that are at least 1/3 the diameter of the branch being removed. In this way, the remaining limbs can take over as the new leaders. This prevents or reduces latent The tallest branches are cut back to a large - diameter secondary branch so that a leader remains. \ Some branches may be cut off back to the main trunk. 7.ALWA.4► 7 buds from sprouting into the bushy growth that results from lopping off branch ends. For even more assurance against sprouting, large cuts can be treated with naphthaleneacetic acid (NAA), but this should be applied only by or with the advice of an arborist. With care, crown reduction can be achieved while at the same time retaining the species' natural form. At other times, this method may be modified to allow utility lines to pass through while sparing the tree from removal. An example of crown reduction to control tree growth beneath utility lines. Crown Reduction TREE CITY USA BULLETIN No. 8 • National Arbor Day Foundation • 5 How an Urban Forestry Program An active community forestry program can be the strongest line of defense against the SI11g0'S 90-3 -90 Rule: defacement of trees by topping. Working with Companies utility A major challenge of urban forestry is working with utility companies to help keep overhead wires safe from tree damage while at the same time assuring that street trees are not mutilated by topping. Fortunately, this problem is diminishing as increasing numbers of companies assign tree trimming to trained arborists, many of whom are members of professional groups such as the Utility Arborist Association. Workers who are not members should be encouraged to join and can do so by contacting the executive director, P.O. Box 3129, Champaign, IL 61826 -3129. 90% of the time 3 branches can be removed to provide 90% of the clearance. Under Pruning Side Pruning 6 • TREE crrY USA BULLETIN No. 8 • National Arbor Day Foundation In utility line maintenance, modifi- cations of crown reduction pruning can be used as an alternative to topping or making a tree lopsided to keep it away from wires. Under pruning is a technique that in some areas can be used on large, structurally sound trees. In this case, the lower branches are removed that may interfere with utility lines. To preserve the tree's symmetry, lower limbs on the opposite side of the tree might also be removed. Additional pruning to remove dead wood or weak limbs will help keep the tree healthy and less likely to drop limbs during a storm. However, depending on species, climate and locale, branches overhanging utility lines may not be allowed and side pruning will need to be used instead. Side pruning is sometimes used when a tree is located close beside transmission lines. Limbs are removed that extend toward a pole or the wires. As with under pruning, selective pruning on the opposite side of the tree can sometimes prevent or reduce a lopsided appearance. In all cases, the crown reduction technique of cutting at limb junctions will allow limbs to be removed without harmful, hedge -like truncations. Can Put an End to Topping Through pruning, sometimes referred to as creating a doughnut hole, is an alternative to topping when trees that have been planted beneath wires grow too large. Although not appropriate around high voltage lines because of the dangers involved, this can be useful around secondary lines or those leading into individual houses or buildings. With care and the use of drop- crotch principles, inner limbs can be removed without creating a highly noticeable TREE CITY USAF tunnel appearance. At times, due to prior topping or extremely bad placement under wires, it is best to remove a tree and replace it with a more suitable tree. In some communities utility companies offer free replacement, For more information about planting the right tree in the right place, see Bulletin No. 4. Through Pruning Education To stop topping throughout the United States, education is needed in four ways: • Homeowners who do their own pruning need to understand the principles presented in this bulletin. " • Property owners who hire an arborist must be aware enough of proper practices to insist that work on their trees be done without topping. Most responsible arborists will not include "topping" in their ads and some even refuse to perform this practice if requested by the tree owner. • Citizens need to understand that topping or "rounding" trees are not in the best interests of tree health so that they do not request utility arborists to perform these practices. • Utilities and tree care companies must routinely train workers in the proper ways to prune shade trees. Growth Award While working to eliminate topping, communities can also earn points necessary for the Tree City USA Growth Award. Suggested activities include: B2. Forming a utility partnership. C8. Improving the city tree ordinance. D2. Improving maintenance by public utilities. D7. Developing a special program to eliminate destructive practices. Ordinances When education and voluntary action fail to stop tree topping, some communities decide to take the most serious form of action. In this case, tree topping is`outright prohibited or closely controlled through the use of a municipal ordinance. Usually this is part of a broader tree ordinance, the subject of a future issue of Tree City USA Bulletin. Here is an example of an applicable section taken from a model ordinance developed by Kansas State University's Forestry Extension. SECTION XIII Tree Topping It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board. TREE CITY USA BULLETIN No. 8 • National Arbor Day Foundation • 7 , F f'E (." Q Tree topping is mutilation. The practice should be stopped "Ill''I' �11►lli'll''� 1U� �Ilill►1'Ill��lllA►11 BOOKS Four books provide especially helpful and up -to -date guides to good pruning. They are the result of Dr. Alex Shigo's three decades of studying tree response to wounding and other problems. Written in understandable language, these unique books are for anyone who actually works with trees, or as the author puts it —for the person who touches trees. For price and purchasing information, contact; Shigo and Trees, Associates, P.O. Box 769, Durham, NH 03824. A New Tree Biology — Facts, Photos and Philosophies on Trees and Their Problems and Care (595 pp.) Tree Pruning —A Worldwide Photo Guide (192 pp.) Pruning Trees Near Electric Utility Lines (34 pp.) Modern Arboriculture (424 pp.) SLIDE SETS AND VIDEOTAPES Numerous audio - visuals are now available to help with training sessions and education programs about pruning. These include: Powerful Problems/ Growing Solutions is a 12 minute video that focuses on the relationship between homeowners and utility companies regarding trees near power lines. Available for sale from the International Society of Arboriculture, P.O. Box 3129, Champaign, IL 61826 -3129. Proper Tree Care (5 different topics, including pruning), available for loan or sale in any specified videotape format. Contact: Department of Media Services, Diamond Library, University of New Hampshire, Durham, NH 03824. Proper Tree Pruning, A 20- minute video in 1/2" VHS format. Not available for loan or sale, but copies will be provided as a public service if you send a blank video- cassette and self - addressed mailing label to: Alabama Forestry Commission, 513 Madison Ave., Montgomery, AL 36104. ARTICLE This article summarizes a research project about why people request or allow their shade trees to be topped: Underlying Beliefs and Attitudes About Topping Trees by James R. Fazio and Edwin E. Krumpe. Journal of Arboriculture, July 1999. SPANISH LANGUAGE EDITION A one -page summary of Tree City USA Bulletin No. 8, in Spanish, is available at no cost. You may phone Member Services at 402/474 -5655 or use the coupon on this page to obtain a copy. Tree City USA Bulletin ©1999 The National Arbor Day Foundation. John E. Rosenow, publisher; James R. Fazio, editor; Gerreld L. Pulsipher, graphic designer; Gene W. Grey, William P. Kruidenier, James J. Nighswonger, Steve Sandfort, technical review committee. Tree City USA Bulletin ORDER FORM Name Organization Address City State—Zip 1 Issue $3.00 ea. 1. How to Prune Young Shade Trees 1. $ 2. When a Storm Strikes 2. 3. Resolving Tree- Sidewalk Conflicts 3. 4. The Right Tree for the Right Place 4. 5. Living With Urban Soils 5. 6. How to Hire an Arborist 6. 7. How to Save Trees During Construction 7. 8. Don't Top Trees! 8. — Bull. No. 8 Spanish Language Summary (Free) — Tree City USA Annual Report TOTAL: $ Annual Friends of Tree City USA Membership..................... ............................... $15.00 $ Tree City USA Bulletin 3 -Ring Binder ........... $ 5.00 $ TOTAL PAYMENT: $ (Make checks payable to National Arbor Day Foundation) Photocopy this form and mail with your payment to: National Arbor Day Foundation, 211 N. 12th St., Lincoln, NE 68508 ' 1599 008 50002906 The Tree City USA program is sponsored by The National Arbor Day Foundation in cooperation with the USDA Forest Service and National Association of State Foresters. To achieve the TREE CrFV USA- national recognition of being named as a Tree City USA, a town or city must meet four standards: Standard 1: A Tree Board or Department Standard 2: A Tree Care Ordinance Standard 3: An Annual Community Forestry Program Standard 4: An Arbor Day Observance and Proclamation Each winning community receives a Tree City USA flag, plaque, and community entrance signs. Towns and cities of every size can qualify. Tree City USA application forms are available from your state forester or The National Arbor Day Foundation. Published for the Friends of Tree City USA by The National Arbor Day Foundation 100 Arbor Avenue Nebraska City, NE 68410 d rS. d i 0 Why Topping Hurts Trees Page 1 of 4 Topping is perhaps the most harmful tree pruning practice known. Yet despite more than 25 years of literature and sem.inars explaining its harmful effects, topping remains a common practice. This brochure explains wiry topping is not an acceptable pruning technique, and offers some better alternatives. What is topping? Topping is the indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role. Other names for topping include "heading," "tipping," "hat- racking," and "rounding over." The most common reason given for topping is to reduce the size of a tree. Often homeowners feel that their trees have become too large for their property. People fear that tall trees may pose a hazard. Topping, however, is not a viable method of height reduction, and certainly does not reduce the hazard. In fact, topping will make a tree more hazardous in the long term. Topping stresses trees t' Topping often removes 50 -100% of the leaf - bearing crown of a tree. Since the leaves are the "food factories" of a tree, this can temporarily "starve" a tree. The severity of the pruning triggers a sort of survival mechanism. The tree activates latent buds, forcing the rapid growth of multiple shoots below each cut. The tree needs to put out a new crop of leaves as soon as possible. If a tree does not have the stored energy reserves to do this, it will be seriously weakened and may die. A stressed tree is more vulnerable to insect and disease infestations. Large, open pruning wounds expose the sapwood and heartwood to attack. The tree may lack sufficient energy to chemically "defend" the wounds against invasion. Some insects are actually attracted to stressed trees by chemical signals. `" - M Topping Causes Decay New shoots develop profusely below a The preferred location to make a topping cut. pruning cut is just beyond the branch collar at the branch's point of attachment. The tree is biologically equipped to close such a wound provided the t http:// www2. champaign .isa- arbor.com/consumer /topping.html 6/26/2002 Why Topping Hurts Trees Page 2 of 4 wound is not too large. Cuts made along a limb, between lateral branches, create stubs with wounds that the tree may not be able to close. The exposed wood tissues begin to decay. Normally a tree will "wall off' or compartmentalize the decaying tissues. But few trees can defend the multiple severe wounds caused by topping. The decay organisms are given a free path to move down through the branches. e im Topping Can Lead to Sunburn Branches within a tree's crown produce thousands of leaves to ° absorb sunlight. When the leaves are removed, the remaining branches and trunk are suddenly exposed to high levels of light and topped can never fully regain its natural form. "N ' a heat. The result may be sunburn of the tissues beneath the bark. Leaving a stub l ,4 This can lead to cankers, bark splitting and death of some branches. rnaintains an open pathway to decay. m Topping Creates Hazards The survival mechanism that causes a tree to produce multiple shoots below each topping cut comes at great expense to the tree. These shoots develop from buds near the surface of the old branches. Unlike normal branches that develop in a "socket" of overlapping wood tissues, these new shoots are only anchored in the outermost layers of the parent branches. The new shoots grow very quickly, as much as 20 feet in one year, in some species. Unfortunately, the shoots are very prone to breaking, especially during windy conditions. The irony is that while the goal was to reduce the tree's height to make it safer, it has been made more hazardous than before. r Stubs left tram topping usually ,A dew The *i s ' shoats that are producedbetstw the cut are weakly attached, im Topping Makes Trees Ugly and often lmcame a hero` The natural branching structure of a tree is a biological wonder. Trees form a variety of shapes and growth habits, all with the same goal of presenting their leaves to the sun. Topping removes the ends of the branches, often leaving ugly stubs. Topping destroys the natural form of i wi i i i a tree. _;. Without the leaves (up to six months of the year in temperate climates) a topped tree appears disfigured and mutilated. With the leaves, it is a dense ball of foliage, lacking its simple grace. A tree that has been topped can never fully regain its natural form. w Topping is Expensive Trees that have been topped may become The cost of topping a tree is not limited to what the perpetrator is paid. Unsightly. rdos and are If the tree survives, it will require pruning again within a few years. It will either need to be reduced again, or storm damage will have to be cleaned up. If the tree dies it will have to be removed. Topping is a high maintenance pruning practice. There are some hidden costs of topping. One is the reduction in property value. Healthy, well maintained trees can add 10 -20% to the value of a property. Disfigured, topped trees are considered an impending expense. Another potential cost of topped trees is the potential liability. Topped trees are prone to breaking and can be hazardous. Since topping is considered to be an unacceptable pruning http: / /www2. champaign. isa- arbor.com/consumer /topping.html 6/26/2002 Proper Tree Pruning Does Not Include Topping Your Trees Proper Tree Trimming Does Not Include Topping Your Trees Page 1 of 2 By Charlene Byers, Colorado Master Gardeners"; Colorado State University Cooperative Extension, Denver County "Topping" your tree can cause problems for both the tree and the property owner. Topping is defined as the drastic removal of large branches with little regard for location of the pruning cut. Most often, these branches are removed from the top of the tree. Better long -term results can be achieved with more selective pruning practices. Row of "topped" trees Throughout the United States, tree pruners, both professional and amateur, have resorted to tree topping to keep trees away from power lines, manage the size of large trees, and to keep trees small and compact. However, research has shown that compared with trees that were not topped: • topped trees are twice as likely to be classified in poor condition. • topped trees, especially junipers, are substantially more likely to contain dead branches. • topped trees were more like to contain insects, disease, and parasites. • topped trees had a much greater likelihood of having large cavities. • topped trees are more likely to have water sprouts which are unsightly and which result in potentially hazardous conditions when the sprouts become large and heavy. When pruning your trees, follow sound pruning practices. The Colorado State University Cooperative http:// www. colostate .edu/Depts /CoopExt /4DMG /Trees /proper.htm 6/26/2002 Proper Tree Pruning Does Not Include Topping Your Trees Page 2 of 2 Extension Service has several fact sheets on proper pruning. They include no. 7.205, "Pruning Evergreens," no. 7.206, "Pruning Techniques for Shrubs," and no. 7.207, "Pruning Deciduous Trees." Access these fact sheets online or contact your local county Extension Office for copies of these and other documents on trees. Photographs courtesy of Judy Sedbrook. Back to Trees Back to Home Ask a Master Gardener I Calendar I Children I Container Gardening I CSU Fact Sheel Credits I FAQ Flowers Fruits Gardening Glossary_ Houseplants Insects & Pest! Lawn & Grasses I Links I New to Colorado I PHC/IPM I Soil I Shrubs I Trees Vegetables I Water Garde niI Weeds I What's New I Who We Are I Xeriscape Search Contact Us I Disclaimer I Equal Opportunity © CSU/Denver County Cooperative Extension Master Gardener 1999, 2000, 2001, 2002 Web pages maintained by Judy Sedbrook, Colorado Master GardenerSm 110 16th St. #300, Denver, CO 80202 (720) 913 -5278 or (720) 913 -5269 E -Mail: denverm coop.ext.colostate.edu Webmaster: dmgwebmstr@aol.com Revised: April 02, 2002. Copyright © 1999, 2000, 2001,2002 http:// www. colostate .edu/Depts /CoopExt /4DMG /Trees /proper.htm 6/26/2002 Why Topping Hurts Trees practice, any damage caused by branch failure of a topped tree may lead to a finding of negligence in a court of law. Alternatives to Topping There are times when a tree must be reduced in height or spread. Providing clearance for utility lines is an example. There are recommended techniques for doing this. If practical, branches should be removed back to their point of origin. If a branch must be shortened, it should be cut back to a lateral that is large enough to assume the terminal role. A rule of thumb for this is to cut back to a lateral that is at least 1/3 the diameter of the limb being removed. Page 3 of 4 if the height of a tree must be r aced, all cats should be made This method of branch reduction helps to preserve the natural form of to strong literals or to the parent limb. Do not the tree. However, if large cuts are involved, the tree may not be able to cut limbs hack to stubs. close over and compartmentalize the wounds. Sometimes the best solution is to remove the tree and replace it with a species that is more appropriate for the site Hiring an Arborist Pruning large trees can be dangerous. If pruning involves working above the ground, or using power equipment, it is best to hire a professional arborist. An arborist can determine what type of pruning is necessary to improve the health, appearance and safety of your trees. A professional arborist can provide the services of a trained crew, with all of the required safety equipment and liability insurance. Professional arbvrists can determine what type of pruning is necessary to improve the health, There are a variety of things to consider when selecting an arborist: Membership in professional organizations such the International Society of Arboriculture (ISA), the National Arborist Association (NAA) or the American Society of Consulting Arborists (ASCA) Certification through the ISA Certified Arborist program Proof of insurance A list of references (Don't hesitate to check.) Avoid using the services of any tree company that: appearance and safety Advertises topping as a service provided. Knowledgeable arborists 0 yourtrees, know that topping is harmful to trees and is not an accepted practice. o Uses tree climbing spikes to climb trees that are being pruned. Climbing spikes can damage trees, and their use should be limited to trees that are being removed. This brochure is one in a series published by the International Society of Arboriculture as part of its Consumer Information Program. You may have additional interest in the following titles currently in the series: Insect and Disease Problems; Mature Tree Care; New Tree Planting; Trees and Turf; Benefits of Trees; Tree Selection; Plant Health Care; Avoiding Tree and Utility Conflicts; Recognizing Tree Hazards; Why Hire an Arborist; Buying High- uality Trees; Tree Values; Pruning Young Trees; Pruning Mature Trees; Why Topping Hurts Trees; Pruning Young Trees; Pruning Mature Trees; Avoiding Tree Damage During Construction; Treatment of Trees Damaged by Construction; Pier Mulching Techniques Developed by the International Society of Arboriculture (ISA), a non - profit organization http:// www2. champaign .isa- arbor.com/consumer /topping.html 6/26/2002 Tree Planting & Care Brochure - Topping Page 1 of 2 Public Works Home Events Links Search Photos What's New Mayor Council Court Chattanoo a Services Contacfi Us I. WHERE TO PLANT II. WHAT TO PLANT III. WHEN TO PLANT iv. HOW TO PLANT v. CARING FOR YOUR TREE vii. SPACING GUIDE VIII. PROFESSIONAL ASSISTANCE TREE TOPPING HURTS r Cro Is% 61161A Topping is one of the most destructive and unnecessary techniques practiced today. There are many alternative pruning methods when the size and shape of a tree needs to be controlled. With a little care and skill this can be done without ruining the tree's beauty and usefulness. Contact a qualified arborist, preferably an ISA certified arborist, for more details. Reasons Why NOT to Top-Eight Good Starvation: Good pruning practices rarely remove more than 1/4 to 1/3 of the crown, which in turn does not seriously interfere with the ability of a tree's leafy crown to manufacture food. Topping removes so much of the crown that it upsets an older tree's well - developed crown -to -root ratio and temporarily cuts off its food - making ability. Shock: A tree's crown is like an umbrella that shields much of the tree from the direct rays of the sun. By suddenly removing this protection, the remaining bark tissue is so exposed that scalding may result. There may also be a dramatic effect on neighboring trees and shrubs. If these thrive in the shade and the shade is removed, poor health or death may result. Insects and Disease: The large stubs of a topped tree have a difficult time forming calluses. The terminal location of these cuts, as well as their large diameter, prevents the tree's chemically based natural defense system from doing its job. The stubs are highly vulnerable to invasion by both insects and the spores of decay fungi. If decay is already present in the limb, opening the limb will speed the spread of the disease. http: / /www.chattanooga.gov /urbanforestry /brochure /page6.htm 6/26/2002 Tree Planting & Care Brochure - Topping Page 2 of 2 Weak Limbs: At best, the wood of a new limb that sprouts after a limb is truncated is more weakly attached than a limb which develops normally. If rot exists or develops at the severed end of, the limb, the sprout's weight makes a bad situation even worse. Rapid New Growth; The goal of topping is usually to control the height and spread of a tree; Actually, it has just the opposite effect. The resulting sprouts (often called water sprouts) are far more numerous than normal new growth, and they elongate so rapidly that the tree returns to its original height in a very short time -and with a far denser crown. Tree Death: Some older trees are less tolerant to topping than others. Beeches, for example, do not sprout readily after severe pruning, and the reduced foliage most surely will lead to the death of the tree. Ugliness: A topped tree is a disfigured tree. Even with its regrowth it never regains the grace and character of its species. The landscape and the community are robbed of a valuable asset. Cost: To a worker with a saw, topping a tree is much easier than applying the skill and judgement of good pruning. Therefore, topping may cost less in the short run. However, the true costs of topping are hidden. These include: reduced property value, the expense of removal and replacement if the tree dies, the loss of other trees and shrubs if they succumb to changed light conditions, the risk of liability from weakened branches, and increased future maintenance. Public Works Home Events Links Search Photos What's New Mayor Council Court Chattanooaa Services Contact Us http: / /www.chattanooga.gov /urbanforestry /brochure /page6.htm 6/26/2002 A Guide to Successful Pruning. Stop Topping Trees! Virginia &CA% L% IS H% I i 4 14M A%CIf I'II \NI)1: 411 [-,I"I W \;:Y 9"noi-v car the CnrnrtZOt1 i4W t t Page 1 of 4 ti, 1 Ikc -ES I.,.%ia11•.l'NiN I kmtY A Guide to Successful Pruning: Stop Topping Trees! Authors: Susan C. French, Extension Technician and Bonnie Lee Appleton, Extension Horticulturist, Virginia Tech Publication Number 430 -458, posted April 1999 What is "topping "? Topping occurs when the vertical stem (leader) and upper primary limbs (scaffold branches) on mature trees are cut back to stubs at uniform height. Topping is also referred to as heading, stubbing, or dehorning. How does topping damage trees? 1) Topping reduces food - making capacity.. Trees require a large leaf surface area to provide food for maintenance and growth. Topping cuts off a major portion of the tree's foodmaking potential and depletes the tree's stored reserves. 2) Topping stimulates undesirable "water sprout" growth. While removing most of the buds that would form a normal branch system, topping often stimulates the regrowth of dense, unattractive, upright branches (water sprouts) just below the pruning cut. Water sprout regrowth is vigorous. A topped tree will rapidly return to its original height, but will lack its original form. t X At 3) Topping leaves large wounds. The branch wounds left from topping are slow to close, therefore more vulnerable to insect attacks and fungal decay. An invasion by either pest can spread into the trunk, killing the tree. http: / /www.ext.vt.edu/pubs /nursery /430- 458/430- 458.html 6/26/2002 A Guide to Successful Pruning: Stop Topping Trees! Page 2 of 4 4) Topping creates a hazard. Weakened stubs are more prone to wind and storm breakage because they generally begin to die back or decay. S) Topping injures bark. Increased sun exposure on trunk and branches can lead to severe bark damage. 6) Topping disfigures trees. Ugly branch stubs, conspicuous pruning cuts, and a broom -like branch growth replace natural beauty and form. Topping reduces the real estate value of trees by 20 - 100 percent. A correctly trimmed tree increases in value at each pruning. Why are trees topped? Some homeowners and unprofessional tree pruners practice topping whenever trees reach an undesirable height. They mistakenly believe that topping will reduce the storm hazard of falling branches, when in fact, topping has the opposite effect. People also top trees when they interfere with utility wires, buildings, solar collectors, or sunny garden areas. Selection of trees that only reach desired maximum heights eliminates severe pruning later. If you must prune a tree heavily every five to seven years, the tree is too large for the site. Replace it with a smaller species. The National Arborist Association considers topping an unacceptable practice and advises against it. Unfortunately, even some legitimate tree service companies indiscriminately top trees. Before selecting a tree service, find out which companies advocate topping and avoid patronizing them. What are the alternatives? In order to avoid topping, newly planted trees should be properly pruned to develop a good branch structure as they grow. When a mature tree's height must be reduced, an alternative to topping is drop - crotching. Drop - crotching is a type of thinning cut that reduces a tree's size while preserving its natural shape. To drop- crotch, select and cut higher branches back to laterals at least one -third the diameter of the limbs being removed. Cut outside the branch collar at a 45 to 60 degree angle to the branch bark ridge. Leave the branch collar intact to help prevent decay from entering the trunk. This type of thinning cut will stimulate growth throughout the tree and discourage water sprout development. http: / /www.ext.vt.edu/pubs /nursery /430- 458/430- 458.htm1 6/26/2002 A Guide to Successful Pruning: Stop Topping Trees! Drop crotching Lateral limbs are pruned where they join large diameter side branches. Page 3 of 4 The center leader is cut back to a large diameter secondary branch so that a modified leader remains. This does not change the direction of growth. It encourages stimulation of the apical growth point. Whenever removing limbs greater than 1 inch in diameter, use the three -cut method to avoid tearing bark. First, about 12 inches from the trunk, cut halfway through the limb from the underside. Second, about 1 inch past the first cut, cut through the limb from the top side. The limb's weight will cause it to break between the two cuts. Make the third cut outside the branch collar, as described earlier. Use a handsaw to provide greater control. http: / /www.ext.vt.edu/pubs /nursery /430 - 458/430- 458.html 6/26/2002 A Guide to Successful Pruning: Stop Topping Trees! Living; Braneb Brand) �. Bark Ridge ' ►' tad Cut. 181. cm �ullar"� �• l;r,�rh Calla, Branch bark ridge and branch collar Page 4 of 4 Don't coat pruning cuts with tree paint or wound dressing, except for control of certain disease - carrying insects. These materials won't prevent decay or promote wound closure. Can topping be corrected? A professional arborist can improve the condition of a tree, even after it's been severely topped and shows heavy water sprout regrowth. As the water sprouts begin to gain caliper, they can be selectively "thinned out" using properly placed branch collar cuts. New growth can be directed outward to expand and round out the crown. This process will need repeating for a few years. The scars, both physical and visual, will never completely disappear. A wiser alternative to topping is careful selection and training of your young trees. Avoid topping altogether. Allow your trees to realize their full potential for health and beauty in the landscape. View this document in PDF format Visit Virginia Cooperative Extension http: / /www.ext.vt.edu/pubs /nursery /430 - 458/430- 458.htm1 6/26/2002 OCHI LLC (Oil Can Henry) 2070 Gulf To Bay Blvd. QUESTIONS FOR CODE INSPECTOR KURLEMAN Please state your name, job title, and how long you have been in this position. How did this matter come to your attention? When was this? How is the property developed? When did you first inspect the property? What did you observe upon this inspection? Is there a landscape plan on file with the City? What is the date of that filing? What if any deficiencies /nonconformance with the plan exist? In your opinion, did conditions on the property violate any of the Code Sections? Was a Notice of Violation issued at that time? How did you determine property ownership [NOTE: Property ownership determined from records of Pinellas County Property Appraiser's Office] Did you re- inspect the property in order to determine compliance? When? Was the property in compliance? Have you had any contact with Property Owner? Did you issue an Affidavit of Violation and Request for Hearing? On what date? Introduce PHOTOS What would Property Owner have to do to come into compliance? How long would that take, in your opinion? What is your recommendation for the Code Enforcement Board? INTRODUCE EXHIBITS: Request CEB to find in violation, determine appropriate penalty per Inspector's recommendation AGENDA CITY OF CLEARWATER MUNICIPAL CODE ENFORCEMENT BOARD June 26, 2002 - 3:00 p.m. 1. PUBLIC HEARINGS A. Case 18 -02 Chuck C Broadhurst 906 Pennsylvania Avenue Building Code - Coccia B. Case 19 -02 Chuck C Broadhurst 1112 Palm Bluff Street Building Code - Coccia C. Case 22 -02 Ochi Lic 2070 Gulf to Bay Blvd (Oil Can Henry's) Development Code - Kurleman D. Case 23 -02 Bradford, E.G. & Sons Inc 1 1 1 S Belcher Road Development Code - Kurleman E. Case 26 -02 Discount Auto Parts, Inc 1600 -1606 N Myrtle Avenue Development Code - Kurleman 2. UNFINISHED BUSINESS A. Case 23 -01 - Affidavit of Compliance John S Lynn C/O Jeraine C Burt 816 North Betty Lane (landscape / dumping / outdoor storage) - Wilson B. Case 25 -01 - Affidavit of Compliance Jeralne C. Burt and Errol J. Kidd 1113 Tangerine Street (grass or ground cover / fences & walls / outdoor storage) - Wilson C. Case #08 -02 — Affidavit of Compliance on Janusz & Roxana Nowicki r(� 2054 Gulf to Bay Blvd (shade trees - improper topping, shaped or pruned) - Kurleman D. Case #17 -02 - Affidavit of Non - Compliance Jacqueline Chaplin 1000 Grantwood Avenue (outdoor storage / poorly maintained fence / dirty pool) - King CBAG0602.doc Municipal Code Enforcement Board Checklist (Two collated single -sided copies of everything below to be submitted) COD# COD2002 -01132 CODE BOARD# (Clerk enters) Address of Violation: 2070 Gulf To Bay Blvd Inspector Name-and Title: Scott Kurleman, Land Resource Specialist ®Copy of Notice of Violation — Date Issued: March 22, 2002 ®Copy of Code Section(s) Violated. ®Original Affidavit of Violation and Request for Hearing — copy retained for Inspector's file ®Copy of Photographs: Date of photographs marked on photograph copy or photo sheets, retain originals in case file ®Copy of Method of Notification — Notice of Violation, Written warnings, Personal Service or Posting Affidavit Did person acknowledge notification? Yes ® No ❑ How? Proof of Service — ® Copy of Green Card from post office ❑ Copy of Affidavit of Posting(s) if Green Card is not returned 0 Copy of Affidavit of Service (Personal Service, Substitute Service, etc.) ®Copy of Property Appraiser printout showing ownership of property — verify again before submitting ®Copy of any other pertinent information relating to your case (letter, memo, permits, case history printout, etc.) When testifying, refer to all evidence as "City Exhibit" Be prepared to testify on the following items: Your duties as an inspector Last Inspection date and the results (typically the day of the Code Enforcement Board.) Detailed information and description of the violation. Contacts with the violator Conversations with the violator Ld (The items below can be handwritten in.) What reasons did the violator give for non - compliance? What recommendation do you have for the Board (Amount of fine, time period to comply with the board, conditions for the Board to consider, etc.) List below any witnesses who will testify: Name Address Telephone Number Name Address Telephone Number The inspector will be contacted by the City Attorney for an appointment to set up a time to interview you about the case. Enter Pplan Activity 1Approved: Supervisor(s) Legal (REV 12- 27 -01) LONG RANGE PUNNING DEVELOPMENT REVIEW HOUSING DIVISION NEIGHBORHOOD SERVICES March 22, 2002 C ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATERI FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the landscape /tree ordinance and landscape plan submitted at the time of development or modification. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: Oil Can Henry OWNER: OCHI L L C 1200 NW Naito Parkway STE 690 Portland, OR 97209 -2800 SITE ADDRESS: 2070 Gulf To Bay Blvd Gco(f_ PARCEL I.D. # 13- 29 -15- 00000 -130 -0700 INSPECTION DATE: 03/18/2002 NOTICE OF VIOLATION COMPLIANCE DATE: 04/10/2002 CODES VIOLATED: 3-1205(F)(3),3-1204(J). REQUIREMENTS: Four trees on the subject property have again been "topped ". Written warnings, both to home office and local franchise were given in April 2001. Apply for after the fact triple fee permit for each tree topped. Remove and replace "topped" oak trees with 20 caliper inches of FL grade #1 shade trees. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in additional fines. SIGNATURE: Z- -, ��, 6& t_,4- BRIAN I. Au \GST. MAYOR - COMMISSIONER fu HART. VICE \L \YOR- C0N1NIISSI0 -,I7R WHITM:Y GRAY. Commismom,.K He »T CoU?nSSIONIT ® Bu.L 10NSON. COMMISSIONER "L'Q1 AI. r.\1FI.oYa1r•.xr AND AFFIRMATNI °. AcriON EDIPI.oti1?R" § 3 -1205 COMMUNITY DEVELOPMENT CODE F. Proper tree care; prohibited tree pruning. niques that remove the vertical leader~ stems of protected trees except to the 1. When construction activities affect pro- extent permitted by this section. ;= -A tected trees so that the critical root zoned" is disturbed, or when pruning must be 4. When trees must be topped, such as is .' performed on a tree's crown, adherence to instances where there is interference with the following arboricultural techniques is overhead wires or nearby structures, a required: tree removal permit shall first be ob- tained. The community development coor- a. When the critical root zone will be dinator will determine if the tree can disturbed, affected roots must be sev- tolerate the necessary pruning, or if the ered by clean pruning cuts at the tree should be removed. The community point where construction impacts the development coordinator will indicate on roots. Roots can be pruned by utiliz- the permit that the removal of the tree ing trenching equipment designed will be permitted, or will modify the per - for this purpose or by hand digging a mit to allow the necessary pruning, or trench and pruning roots with a prun- may deny the permit. ing saw, chain saw or other equip - 5. When determining whether more than m entdesigned for tree pruning. Roots the allowed 30 percent of a tree's crown located within the critical root zone has been pruned, the community develop - that will be impacted by construe- tion must be pruned to a depth of 18 went coordinator shall use the following inches -below the existing grade or to information to make a decision: the depth of disturbance if less than a. The quantity and diameter of verti- 18 inches from the existing grade. cal stems pruned; When underground utility lines are b. Typical crown characteristics of the to be installed within the critical affected tree species; root zone, the root pruning require- ments may be waived if the lines are C. Aerial photographs or other recent installed via tunneling or directional photographs that would indicate the boring as opposed to open trenching. tree's appearance prior to pruning; b. When pruning lateral branches of d. Testimonials from eyewitnesses as to the tree's former appearance; protected trees, the proper pruning techniques as described herein, must e. Remains of foliage debris on the site. be followed. Flush cuts (pruning cuts 6. Based on the above information, a written that remove the branch collar) and report shall be prepared citing all evi- stub cuts (cuts that leave a stub on dente used to support the claim of viola - the tree) are improper pruning tech - tion. The violation shall be treated as an niques. Any tree that has been im- illegal tree removal and process accord - properly pruned will not be recog- ingly nized as a tree left on the property in (Ord. No. 6417 -99, § 8,8-19-99; Ord. No. 6526 -00, a healthy growing condition; and § 1, 6- 15 -00) therefore will not be utilized to meet tree replacement requirements. DIVISION 13. OUTDOOR LIGHTING 2. It shall be unlawful to remove from a protected tree more than 30 percent of a Section 3 -1301. Purpose. tree's foliage during a period of one year. - The purpose of this division is to establish 3. It shall be unlawful to perform the tech- minimum' standards for the provision and use of niques of topping or other pruning tech- outdoor lighting in order to provide for the safe Supp. No. 1 CD3:44 § 3 -1203 COMMUNITY DEVELOPMENT CODE 18. Old Coachman Road F No Parking, display of vehicles or outdoor 19. State Road 590 storage or display of merchandise is permitted in or over any required. landscaped area, nor are 20. Sunset Point Road vehicles permitted to overhang any required land- scaped area. Section 3 -1204. Installation and mainte- nance. A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and'4nspected prior to the_ issuance of a certificate of occupancy. In the event there are any changes to the approved landscape plan, such changes must be reviewed and ap- proved and noted on the plan prior to notification for the final inspection for a certificate of occu- pancy. B. All landscaped areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be Protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. C. Trees which are balled and- burlapped must have the burlap removed or folded down at the time of planting. All twine or rope must be re- moved. If wire baskets are used, the upper rows must be cut before planting. If stakes or guy wires are used to support a tree, the wire must be covered with protective material where it is in. contact with the tree and the stakes or guy wires must be removed after one year. D. All landscaping required by this division must be protected from vehicular and pedestrian traffic by the installation of curbing, wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use ar- eas or sidewalks. These protective devices shall have a minimum height of six inches above grade. E. Landscaping shall be installed in a manner which minimizes conflicts between the landscap- ing and signage and utilities. G. Soil in which required landscaping is to be installed must be generally indigenous to the locale. Soil must be loose, friable and free of limestone and other construction materials, roadbase material, rocks, weeds -grasses hard- pan clay or other debris. pH shall -be adjusted where neee99ary to be compatible -with the plant species being installed. Soil shall be slightly swaled to retain surface stormwater. Backfill soil mate- rial shall be thoroughly watered in and around Plant root balls to prevent any air pockets. The use of amended and enriched soils may be re- quired where necelsary to increase the water retention capabilities of soils in order to reduce the amount of watering - needed to meet the landscaping's water requirements. H. To minimize traffic hazards, at street or driveway intersections, all landscaping installa- tions must provide unobstructed views in accor- dance with the sight triangle requirements in Article 3, Division 9. I• The owner,and tenant,. if any, are jointly and " severally responsible for the regular and contin- uous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy grnwing condi- tion so as to present a neat and orderly appear- ance, free from refuse, debris and weeds. J. Required shade trees planted shall not be topped, shaped or severely pruned, but must be allowed to grow to maturity and attain their natural form so that crown development is not inhibited. K. All landscaping near public sidewalks must be maintained to allow unobstructed passage of pedestrians. L. Dead, declining, missing and diseased plant material shall be replaced with healthy material Of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. Supp. No. 1 CD3:40 MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF VIOLATION AND REQUEST FOR HEARING NAME OF VIOLATOR: Ochi Llc, Property Owner MAILING ADDRESS: 1200 Nw Naito Pkwy Ste 690 Portland, OR 97209.2800 VIOLATION ADDRESS: Oil Can Henry's 2070 Gulf To Bay Blvd Clearwater, Florida, 33765 DATE OF OFFICIAL NOTICE OF VIOLATION: March 22, 2002 LEGAL DESCRIPTION OF PROPERTY: See "Exhibit A ",Pinellas County Property Records Printout, attached, for legal description (Staple to Affidavit) PARCEL #: 13- 29 -15- 00000 - 130 -0700 DATE OF INSPECTION: March 18, 2002 SECTION(S) OF THE CITY CODE WHICH HAVE BEEN VIOLATED: 3- 1204(J),3- 1205(F) (3) Installation & Maintenance & Proper Tree Care; Prohibited Pruning" 3- 1204(J) REQUIRED SHADE TREES PLANTED SHALL NOT BE TOPPED, SHAPED OR SEVERELY PRUNED, BUT MUST BE ALLOWED TO GROW TO MATURITY AND ATTAIN THEIR NATURAL FORM SO THAT CROWN DEVELOPMENT IS NOT INHIBITED. 3- 1205(F)(3) IT SHALL BE UNLAWFUL TO PERFORM THE TECHNIQUES OF TOPPING OR OTHER PRUNING TECHNIQUES THAT REMOVE THE VERTICAL LEADER STEMS OF PROTECTED TREES EXCEPT TO THE EXTENT PERMITTED BY THIS SECTION. Specifically, FOUR TREES ON THE SUBJECT PROPERTY HAVE AGAIN BEEN "TOPPED" "SHAPED ". WRITTEN WARNINGS, BOTH TO HOME OFFICE AND LOCAL FRANSHISE WERE GIVEN IN APRIL 2001. THESE TREES HAVE BEEN TOPPED SO SEVERLY THAT THEY MUST BE REMOVED AND REPLACED. A violation exists and a request for hearing is being made. Scott Kurleman SWORN AND SUBSCRIBED before me on this 29TH day of April, 2002 by Scott Kurleman. STATE OF FLORIDA ] COUNTY OF - ERSO 1 NOWN TO ME ■ - r , • / • ' Of Identification otary Public, /.�Ootary Signature) r 15,4A1) elf �MW DeC 25 2004 Name • +• • •'• printed, stamped FILED THIS ,�— DAYOF2 , 200.2_ CASE No. Secretary, Municipal Code Enforcement Board (Rev. 12-- 27 -01) PROPERTY APPRAISER REAL ESTATE OWNER FILE ENTER RE PARCEL NO. / / / / / XFER= ENTER X TO PRINT RECORD PARCEL NO. 13/29/15/00000/130 /0700 0 C H I PROPERTY ADDRESS: 1200 NW NAITO PKWY STE 690 2070 GULF TO BAY BLVD PORTLAND OR BOOK 10994 PAGE 2204 ZIP 97209 -2829 TAX DIST CW PROPERTY USE 344 ESCROW FIRE DIST EXEMPT STAT 0 DLQNT STAT IMPR AMT 88,100 LAND AMT 310,400 AX HX WX DX TX NX 398,500 ASSESSED VALUE 398,500 MARKET VALUE 398,500 FLAT TAX .00 LAND CODE 27 NOTE CODE TAX AMOUNT 9,204.35 HIX HNX N 140 FT OF S 190 FT OF W 146 FT OF E 472.2 FT OF SW 1/4 OF NE 1/4 cJ I �J ll ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. ived by (P/ a Print Clearly) B. at elive ry ■ Print your name and address on the reverse t � tt so that we cari return the card to you. C. Si e ■ Attach this card to the back of the mailpiece, ,. or on the front if space permits. Agent 1. Article Addressed to: D. I delive dare iffe ent from Rem 17 0 Addressee ❑Yes If Tenter delivery address below: 0 No ��% 3. Service Type Certified Mail Ex ress Mail �❑ ❑ Registered -F turn Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number. Co from service label) (, Py `7 %if, 7n ,rW i Q �,i- �7S d ' PS Form 3811, Jul 1999 Y Domestic Return Receipt 102595- 00•M•o952 PN10 -01 CITY OF CLEARWATER ATTN: ENG PARCEL ID 13- 29 -15- 00000 - 130 -0700 PAZIP YRBLT /EFF FLRS TOT SQFT $ /SQFT AVR 2070 GULF TO BAY BLVD 33765 1986 1988 0 0.00 1.80 OWNER'S NAME AND ADDRESS V P W G BLDG'S == IMPROVEMENT == HEAT SQFT OCHI L L C 1 41 SERVICE GARAGE 2,652 1200 NW NAITO PKWY STE 690 LEGAL DESCRIPTION CENSUS PBOOK /PG PORTLAND OR N 140 FT OF S 190 FT OF W .00 97209 -2800 146 FT OF E 472.2 FT OF SW NBHD LOT SIZE = => RES COUNTY 1/4 OF NE 1/4 20,440 SQ FT 146 X 140 YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D TX /FT 2000 89,300 173,700 263,000 99.17 2000 6,047.29 N N 0.00 SALE DATE AMOUNT BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE DT Q JUL. 2000 476,000 10994 2204 Q F JUL. 1981 134,900 5226 388 Q MAY 1990 450,000 7276 54 Q F FEB. 1986 300,000 •6177 2128 Q F MKT YR BLDG LAND TOT VALUE ____= LAND / PROPERTY USE ____= HOMESTD LP 89,300 173,700 263,000 27 344 AUTO SERVICE CENTER 0 N MORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE NUMBER CASTROL NORTH AMERICA INC 1,425,000 072600 CON FIXED N/A SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE PEYTON A CRAMER TR / / 11/06/1998 ENTER =FWD F1 =DOCS F2 =BLDG F4 =TAX F5 =LGL F7 =DIM F8 =XFEAT F13 =SKTCH F6 =COMP MENU "PN10 RECENT DEED /MTG PRESENT - F1 =VIEW RES Case Activity Listing T I DUTEfl SM AS,RCK Case #: COD2002 -01132 CODA010 Complaint Received 3/18/2002 None S_K 3/18/2002 S K CODI010 Initial Inspection 3/19/2002 HwO 3/18/2002 S K CODBOI O Board Hearing 4/29/2002 None DONE S_K 4/29/2002 S K CODKO40 Notice of Violation 4/10/2002 4/10/2002 Warn FAIL S_K S_K 4/29/2002 S K Page I of 1 4/29/2002 9:48:32AM CaseActivity..rpt LONG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DMSION NEIGHBORHOOD SERVICES April 25, 2001 1TY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 Fax (727) 562 -4576 OCHI L L C 1200 NW Naito Pkwy Ste 690 Portland, OR .97209 -2800 Oil Can Henry 2070 Gulf To Bay Blvd Clearwater, FL 33765 Be advised that topping (rounding, shaping) of shade trees is prohibited by City Code 3- 1205(F)(3). Topping is prohibited by City Code because it promotes internal decay and causes the formation of hazardous branches. Repeated topping can lead to tree decline or death. Trees that have been too severely topped will have to be replaced inch for inch to meet code requirements. Please ensure that your locations are aware of the City of Clearwater Tree Ordinance requirements. Further topping will result in legal action by the Code Enforcement Board of the City of Clearwater. Such action may result in a fine. Should you need further information, please contact our office at 727 -562 -4746. 'Zo044 l A. Scott Kurleman Land Resource Management BRIAN J. AUNGST, MAYOR - COMMISSIONER J.B. JOHNSON, VICE MAYOR - COMMISSIONER BOB CIARK, COMMISSIONER ED HART, COMMISSIONER ED HOOPER, COMMISSIONER "EQUAL EMPLOYMFNT AND AFFIRMATIVE ACTION EMPLOYER" LONG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DMSION NEIGHBORHOOD SERVICES March 22, 2002 C ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SF.RVICI:S BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the landscape /tree ordinance and landscape plan submitted at the time of development or modification. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: Oil Can Henry OWNER: OCHI L L C 1200 NW Naito Parkway STE 690 Portland, OR 97209 -2800 SITE ADDRESS: 2070 Gulf To Bay Blvd PARCEL I.D. # 13- 29 -15- 00000 -130 -0700 INSPECTION DATE: 03/18/2002 NOTICE OF VIOLATION COMPLIANCE DATE: 04/10/2002 CODES VIOLATED: 3-1205(F)(3),3-1204(J). REQUIREMENTS: Four trees on the subject property have again been "topped ". Written warnings, both to home office and local franchise were given in April 2001. Apply for after the fact triple fee permit for each tree topped. Remove and replace "topped" oak trees with 20 caliper inches of FL grade #1 shade trees. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in additional fines. BRIMIN J. Au-,GsT, MAYOR- COMMISSIONER IED HART. VtL:Ii DL\NOR- CONI.\IISSIONER Wffli -NIiY Gtt.Nl'. Commissiom-p, HM7 H:uw.ToN, Commissio\ER ® BiLL ►oNSoN, COMMISSIONER "EQ1 :AI. EmPLOYMiNT AND AFFIRMATrvr ACTION EmPLONTR" NOTICE OF HEARING MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER, FLORIDA Case No. 22 -02 Certified & Regular Mail June 5, 2002 Owner: Ochi Lic 1200 NW Naito Parkway, Suite 690, Portland, OR 97209 -2800 Violation Address: 2070 Gulf to Bay Blvd, Clearwater, FL 33765 (Oil Can Henry's) Section 13 -29 -15 Dear Sir /Madam: You are hereby formally notified that on Wednesday, June 26, 2002 at 3:00 p.m. there will be a public hearing before the Municipal Code Enforcement Board in the Commission Chambers, 3rd floor, City Hall at 112 South Osceola Avenue, Clearwater, Florida, concerning a violation of Section 3- 1204(J) and Section 3- 1205(F)(3) Prohibited Pruning of the Clearwater City Code of Ordinances. (See attached Affidavit of Violation). You are hereby ordered to appear before the Municipal Code Enforcement Board on that date to answer these charges and to present your side of the case. Failure to appear may result in the Board proceeding in your absence. Should you desire, you have the right to obtain an attorney, at your own expense, to represent you before the Board. You will also have the opportunity to present witnesses as well as question the witnesses against you prior to the Board making a determination. Please be prepared to present evidence at this meeting concerning the amount of time necessary to correct the alleged violation, should you be found to be in violation of the City Code. If the violation described in the attached Affidavit of Violation is corrected prior to the hearing scheduled but recurs prior to the scheduled hearing date, the hearing will still be held as scheduled. Should you be found in violation of the City Code, the Municipal Code Enforcement Board has the power by law to levy fines of up to $250 a day against you and your property for every day that violation continues beyond the date set in an order of the Board for compliance. If you wish to have any witnesses subpoenaed, please contact the Secretary of the Municipal Code Enforcement Board within five (5) days at 727 - 562 -4090. If you have any questions regarding the cited violation, please contact the Inspector whose name appears on the Affidavit of Violation. Very truly yours, SECRETARY MUNICIPAL CODE ENFORCEMENT BOARD The Municipal Code Enforcement Board was created pursuant to General Act 80 -300, General Laws of Florida, 1979, and Ordinance No. 2169 of the City of Clearwater. This is a quasi - judicial Board whose purpose is to facilitate the enforcement of certain codes of the City of Clearwater by creating a board of seven citizens who may quickly and fairly render decision concerning violations of these codes. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH AN APPEAL. 3 C: \Documents and Settings \skurlema \Local Settings \Temporary Internet Files \OLK4 \22 -02 Ochi Lic Notice of Hearing Regular Format.doc PN10 -01 CITY OF CLEARWATER PARCEL ID 13- 29 -15- 00000 - 130 -0700 PAZIP YRBLT /EFF FLRS TOT SQFT $ /SQFT AVR 2070 GULF TO BAY BLVD 33765 1986 1988 0 0.00 1.19 OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQFT OCHI L L C 1 41 SERVICE GARAGE 2,652 1200 NW NAITO PKWY STE 690 LEGAL DESCRIPTION CENSUS PBOOK /PG PORTLAND OR N 140 FT OF S 190 FT OF W .00 97209 -2800 146 FT OF E 472.2 FT OF SW NBHD LOT SIZE = => RES COUNTY 1/4 OF NE 1/4 20,440 SQ FT 146 X 140 YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D TX /FT 2001 88,100 310,400 398,500 150.26 2001 9,204.35 N N 0.00 SALE DATE AMOUNT BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE DT Q T JUL. 2000 476,000 10994 2204 Q F JUL. 1981 134,900 5226 388 Q F MAY 1990 450,000 7276 54 Q F FEB. 1986 300,000 6177 2128 Q F MKT YR BLDG LAND TOT VALUE = = = == LAND / PROPERTY USE = = = == HOMESTD LP 1 88,100 310,400 398,500 27 344 AUTO SERVICE CENTER 0 N MORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE NUMBER CASTROL NORTH AMERICA INC 1,425,000 072600 CON FIXED N/A SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE PEYTON A CRAMER TR / / De /04/2000 ENTER =FWD F1 =DOCS F2 =BLDG F4 =TAX F5 =LGL F7 =DIM F8 =XFEAT F13 =SKTCH F6 =COMP MENU PN10 RECENT DEED /MTG PRESENT - F1 =VIEW RES { J !7 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: k) GJ �i� Pay �fe C99 0 PCB' /CthcP , Qf2 q A. ived by (PI Print Clearly) I B. O a hm VL , te C. Signature U Agent ❑ Addre D. I delive ddre iffe ent from item 1? ❑ Yes If enter delivery address below: ❑ No 3. Service Type XCertified Mail ❑ Express Mail ❑ Registered turn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) /6 375 PS Form 3811, July 1999 Domestic Return Receipt 102595 -00-M -0952 UNITED STATES POSTAL SERVICE • Sender: Please print your name, add CITY OF CLEARWATER PLANNING OEPARTMEN 100,S. MYRTLE AVE., CLEARWATER, FLORIDA First -Class Mail Postage & Fees Paid ZIP +4 in this box • APR 0 5 2002 33�.�� W, firill." fir Postage $ Certified Fee Postmark Return Receipt Fee UL I. Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To -0 PS Form 3600, May 2000 - - - See Reverse for Instructions Certified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece • A signature upon delivery • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested ". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, May 2000 (Reverse) 102595 -99 -M -2087 LONG RANGE PLANNING DEVELOPMENT PXVIEW HOUSING DIVISION NEIGHBORHOOD SERVICES April 25, 2001 C ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAX (727) 562 -4576 OCHI L L C - - 1200 -NW Naito Pkwy Ste 690 Portland, OR .97209 -2800 Oil Can Henry 2070 Gulf To Bay Blvd Clearwater, FL 33765 Be advised that topping (rounding, shaping) of shade trees is prohibited by City Code 3- 1205(F)(3). Topping is prohibited by City Code because it promotes internal decay and causes the formation of hazardous branches. Repeated topping can lead to tree decline or death. Trees that have been too severely topped will have to be replaced inch for inch to meet code requirements. Please ensure that your locations are aware of the City of Clearwater Tree Ordinance requirements. Further topping will result in legal action by the Code Enforcement Board of the City of Clearwater. Such action may result in a fine. Should you need further information, please contact our office at 727 -562 -4746. Sincerely, 146 A. Scott Kurleman Land Resource Management BRIAN J. AUNGST, MAYOR - COMMISSIONER J.B. JOHNSON, VICE MAYOR - COMMISSIONER BOB CLARK, COMMISSIONER ED BART, COMMISSIONER ED HOOPER, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 2070 Gulf To Bay Blvd COD 200241132 March 18, 2002 2070 Gulf To Bay Blvd COD 2002 -01132 March 18, 2002 Case 22 -02 Oil Can Henry's Topped(Rounded) Live Oak Trees March 18, 2002 R WIF� . . - __'. - <`.'4 !. ti.. ?� ..Y. {•':iw,ra:. _ �? t ..,..:5:.. \: [4 a %a try `. , br _ tip.