Commission reviews draft framework of tree fines and enforcement options; legal review to follow

Summary

An ad‑hoc committee presented a draft multi‑tier tree‑penalty framework based on practices in ~50 California cities. Proposals include per‑tree fines, administrative escalations, stop‑work orders and suspension of contractor permits; commissioners asked for simplification and legal review before an ordinance draft is prepared.

An ad‑hoc committee of the Forest and Beach Commission presented research Nov. 13 on tree fines and enforcement practices used across California and proposed a tiered framework for Carmel‑by‑the‑Sea.

Committee members said they surveyed approximately 50 jurisdictions and identified a range of enforcement models (administrative, civil and criminal) and penalties, from modest administrative fines to larger civil penalties for egregious violations. Committee proposals included per‑tree fines, escalating penalties for repeat or deliberate violations, stop‑work orders for active construction, and the possibility of suspending contractor or permit privileges for serial violators.

Commissioners raised practical concerns: (1) whether an appraisal‑based valuation of a tree was the best approach (some commissioners recommended a simpler tiered schedule), (2) administrative capacity to monitor compliance and follow through on replanting conditions, and (3) the need for city‑attorney review of what is legally feasible under California law. Committee members said the next step is to run a narrowed proposal past the city attorney and return with a vetted draft ordinance for further consideration.