Ordered to 're-flourish'

Photo: City of Penticton

The property pre-tear down

A Penticton couple is being ordered to "re-flourish" some Esplanade land after cutting down a pair of trees, avoiding a compensation of nearly $21,000 to the city.

Michael and Josie Daley bought a three-city-lot property in 2014, backing onto the Esplanade. A London plane and Siberian elm were cut down during demolition of the house.

The trees were on a part of the Esplanade developed by the original owner through a licence-to-use agreement, which included yearly payments to the city.

That owner had been taking care of the LTU lot, including planting trees and shrubs.

Penticton bylaws dictate that anyone who removes trees from city land without first consulting must compensate at a rate determined by a licensed arborist, as well as pay a fine.

The London plane was valued by an arborist at $10,500, while the Siberian elm was valued at $10,300, which would have meant a total compensation of $20,800.

The heritage and museum committee also asked council to revoke the licence to use and return the land to a natural state.

In a report to council, city staff outlined four options: uphold the cost of the trees to the developer, demand the developer plant trees to replace those taken down along with other plants, demand compensation along with a $2,000 fine, or ask for no compensation and allow the developer to replant as they see fit.

Staff also gave council the options of whether or not to revoke the licence to use.

The Daleys argued the previous owners lived in Ottawa, had not regularly attended the property in recent years, and that the landscaping was in poor condition. They pointed to a section within the licence to use that states the property owners are responsible for maintaining the landscaping.

The couple said the trees were dangerous, as they were in poor condition. They believed that put it upon them to cut down the trees to remove any danger of them falling.

Council agreed to forgo any fines, noting that further landscaping from the Daleys would suffice for what was deemed an honest mistake.

"The landscaping itself is going to be the fine, and it would probably exceed what we would have agreed for them to pay," Coun. Campbell Watt said.

The landscaping work would have to be approved by city staffers to ensure the area is properly flourished.

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