Violations of Tree Cutting Bylaws

In February 2006 Al MacLeod cut down the trees in front of unit 409 while we were on vacation. There was no permit, no vote, no minutes, and no right. He preemptively removed them and then advertised the view from the unit above as a Vista from Mt Baker to (everywhere) after I told him of the importance of the trees to our enjoyment and to the geotechnical stability of the land. In his emails to me he said I was vile and despicable and that he had a right to take action against others.

Al MacLeod and Georgia Title cut down the trees around unit 409 without a permit knowing how damaging it was to my enjoyment and sense of security.Unlike the half million spent by the Eugenia Place condo to reinstate the tree pictured above  the strata did not reinstate our trees, even though they were planted under a similarly binding agreement with the city, preserved during the building envelope project, and then removed - needlessly, deliberately, and not by accident.

Excerpts from City of Coquitlam Bylaw No. 2169, 1990 1 Convenience Consolidation – October 2002
CITY OF COQUITLAM
BYLAW NO. 2169, 1990

A Bylaw to provide for the application, approval, suspension or denial of Tree
Cutting Permits in designated areas in the City of Coquitlam pursuant to Section 978 of the Municipal Act.

I. TITLE
This Bylaw may be cited as the "City of Coquitlam Tree Cutting Permit Bylaw No.
2169, 1990".

2. DEFINITIONS
In this Bylaw, unless the context otherwise requires:
"Council" means the Council of the City of Coquitlam.
"Cutting" shall mean the cutting down or cutting so as to cause the destruction of
any tree.
"Owner" shall mean the registered owner or owners of an estate in fee simple in
respect of which a permit is applied for, or a person authorized by the owner or
owners in writing.
"Permit" shall mean a Tree Cutting Permit issued in the form of Appendix I.
“Professional Engineer” shall mean a professional geotechnical engineer or geoscientist registered as a member in good standing with the Association of Professional Engineers and Geoscientists of British Columbia.
“Qualified Tree Specialist” shall mean a Registered Professional Forester, Certified Landscape Architect or Certified Arborist.
“Slope” means a stretch of rising or falling ground or a portion of land surface marked by an ascent or descent.
"Tree" shall mean any woody plant which is 5 metres (16.4 ft) or more in height, including any which have been reduced in height to less than 5 metres (16.4 ft) as a
result of topping, having one or more self supporting trunks and including the roots,
branches, trunk, crown or any part of the tree.

3. APPLICABILITY
(a) All shaded lands shown on the maps (unit 409 included) attached as Schedules ‘A’ and ‘B’ may be
subject to flooding, erosion, land slip, or avalanches; or constitute non-riparian
forested lands with an area of 0.5 hectares or greater, and are hereby designated
as a Tree Cutting Permit Area. Additionally, any slope of 20 degrees or greater, where the slope has a vertical height of 3 metres or greater are hereby designated as a Tree Cutting Permit Area.
(b) It shall be unlawful for any person to cut or permit to be cut trees within a
designated Tree Cutting Permit Area without first having applied for and having
obtained a Permit except as otherwise provided in this Bylaw.

4. PERMITS
(a) (i) For Tree Cutting Permits on lands with slopes of 20 degrees or greater, (the height of our deck gives some indication as to how steep the slope is) the City of Coquitlam may require an applicant for a Permit to provide, at the applicant’s expense, a report certified by a Professional Engineer, that the proposed cutting of trees will not create a danger from flooding or erosion (building 17 has sunk 3 times; in 1988, 2007, and 2009).
(b) The City of Coquitlam may require an applicant for a Permit to provide, at the
applicant’s expense, a report certified by a qualified person, that the proposed
cutting of trees will not create a danger from flooding or erosion.

6. APPLICATION
(b) Applications shall be accompanied by a written description of the proposed tree
cutting and without limiting the generality of the foregoing, shall include the
following information:
(i) purpose and scale of the proposed tree cutting, and the methods to be used;
(ii) a site plan illustrating all pertinent topographic and hydraulic features,
buildings, structures, tree cover and treed area(s) to be cut;
(iii) the methods proposed to control the erosion of the soil from any slopes of
the land or any adjacent land;

8. SECURITY DEPOSIT
(c) The amount of the security deposit shall be 100% of the value of the restorative
measures required to restore the site to a suitable condition as estimated by a
Registered Landscape Architect or Registered Professional Forester.

9. EXCEPTIONS
No Permit shall be required for the removal or trimming of dead, diseased or
damaged trees, provided that the damage resulted from a non-human cause and
provided further that the removal or trimming is accomplished through the use of
standard forestry practices and techniques.

10. EXPIRATION OF PERMIT
Unless otherwise specified in the Permit, where the holder of a Permit does not
substantially complete the tree cutting specified in the Permit within one year after
the date it is issued, the Permit lapses.

11. PENALTY
(a) Every person who contravenes or fails to comply with this Bylaw, commits an
offence and is punishable in accordance with the provisions of the Offence Act
(British Columbia).
(b) Each day that a violation of the provisions of this Bylaw exists shall constitute
separate offence.