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+--- Thread: hazardous trees (/showthread.php?tid=16321)
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hazardous trees - Wao nahele kane - 08-22-2015
After Iselle, the dangers of large non indigenous trees once again proved themselves apparent. Albezias, Ironwoods and other large nonindigenous trees scattered the land scape.
Some may not be aware of this but the law states that if a healthy tree falls on your property and it grew on your neighbors lot that you alone are responsible for taking care of the damages and or mess created by it. Although if a tree is unhealthy etc. then negligence may be placed upon the tree owner.
This brings to question the nature of growing large nonindigenous trees near neighbors houses here in Hawaii. Is an Albezia in fact a healthy tree when grown here in Hawaii? Are other trees such as Ironwood and such a safe match for growing here in Hawaii in shallow soil conditions? In a court of law with expert testimony, what can be considered negligent here in Hawaii when it comes to growing trees on your lot next to a neighbors house?
I'd imagine there are many different opinions on this matter but because of our unique soil conditions, climate, etc. it may be time to consider less simplified legislation regarding this issue. Thoughts?
RE: hazardous trees - Wao nahele kane - 08-22-2015
I'd also add that because of the unique situation on lava zones one and two that a significant number of property owners here do not have insurance and this also adds to the problem. Case in point, you live in zone one and don't have property insurance and a neighbors Albezia falls on your house in the middle of a calm day or even during a storm. This means you as the homeowner are screwed and will have to pay some expensive litigation fees to seek compensation proving negligence.
RE: hazardous trees - dmbwest - 08-22-2015
lol Kane ... Who you talking to man ?
aloha pog : pog aloha
RE: hazardous trees - Wao nahele kane - 08-22-2015
Pog, I read a couple articles today disusing the issue out on the East coast and then thought about the application out here. Where else in the US can you plant a tree that grows to be 300 foot tall in a couple decades and it's too weak to support its own weight? one of the judges reply was that a tree that can't support its own weight must be rotten or sick. Well that may be true on the East coast and throughout the continent of America for the most part but an Albezia grown here in Hawaii can be healthy yet break with no breeze and crush most everything under it across a half acre of land.
Therefore growing one close enough to a neighbors house should be considered an act of negligence.
RE: hazardous trees - Kapoho Joe - 08-22-2015
Hawaii County ordinance (Ord. No. 13-108, sec. 3.) which states that “If any owner, after notice to clear any occupied or unoccupied lot has been mailed to the owner and posted by the mayor, fails or refuses to comply with the order within thirty days after the notice, the County may proceed to clear the lot of the refuse, uncultivated undergrowth, or unsafe flora at the expense of the owner.”
House Bill 1713-CD1 which was passed into law in July, 2009. It "Authorizes the governor to designate state employees (in this case, State Civil Defense)…to enter on private property to mitigate hazardous situations after giving the landowner and/or occupier notice and a reasonable opportunity to mitigate the hazardous situation without assistance of the State. The State may seek recovery and reimbursement of costs and expenses…through direct payment or a lien against the property."
RE: hazardous trees - Lee M-S - 08-22-2015
Have the county or state given all those absentee (and some present) landowners notice?
And 'Kane, what law? Sounds like you're talking about the East Coast. Different states, different laws...
><(((*< ... ><(("< ... ><('< ... >o>
RE: hazardous trees - shockwave rider - 08-23-2015
Wao nahele kane said: "Where else in the US can you plant a tree that grows to be 300 foot tall in a couple decades and it's too weak to support its own weight?"
The big issue with the albizia is that at this point virtually no one is CHOOSING to plant these trees. A misguided fool planted some along the main roads in HPP decades ago and now they have spread all across the subdivision, mostly on vacant lots. These trees produce thousands of lightweight seeds every year that can float for miles on a good wind. I've been watching a lot on Maku'u that was cleared just a few years ago and is now completely covered by 4 inch diameter and larger albizia. All the hazardous albizia on our street are on lots owned by off islanders, who have no clue what has happened on their lot in the 15 or 20 years since they last saw it. People who clear a lot and then walk away thinking it will stay that way until they are ready to build, off island owners who think all their only responsibility is to pay their taxes on vacant lots, and a local government that is passive until we have something like Iselle, all bind together to create this problem. We put a lot of effort and resources into keeping our lot clear of albizia, but two lots near us have 300 foot tall mature trees raining seed on every property downwind of them for blocks, so it is a never ending battle.
Hazardous trees are defined by the NSA (National Society of Arborists) and their criteria include trees that are not unhealthy, but are the wrong tree for their location, creating a hazard. A perfectly healthy Doug fir in Oregon that is uphill of a home with roots in unstable soils after heavy rain would be defined as hazardous, even without any rot or other defect. By definition, albizia are hazardous once they reach maturity.
RE: hazardous trees - kalakoa - 08-23-2015
Hawaii County Ord. No. 13-108, sec. 3 ... House Bill 1713-CD1
No, let's investigate the pCard abuse, and get a larger Ethics Board, these are clearly much more important.
RE: hazardous trees - Guest - 08-23-2015
Good one kalakoa, how many does it really take to change a bad bulb.
Shockwaverider, good morning to you. Pretty sure the county of Hawaii sent many residents these albesia seeds through the mail back in the 60's. I guess they thought it would be a good idea back then, as many of the Ohia were still small. The county now estimates that the cutting or removal of each albesia will cost between $2,000-10,000 dollars. JMO here, County of Hawaii may need a few more storms like Iselle to take down hundreds of these trees. These type of storms bring in the federal funding needed to remove many more of these trees afterwards as well. This type of county planning or efforts has shown to Work in other states like Florida in the past.
RE: hazardous trees - AKpilot - 08-23-2015
In Hamakua, we have the Paper Eucalyptus and the Silver Oak that a pretty vulnerable to winds. We have some Silver Oaks that I will sadly, probably have to remove pretty soon.
AKpilot
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