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Council never saw dangerous tree bylaw problems coming

What started as a simple housekeeping effort for the Hazardous Tree Bylaw turned into a more time-consuming effort than expected for the District of 100 Mile House council and staff.

District deputy director of corporate administration Donna Bellingham says the bylaw cleanup began when someone came into the office to inquire about dangerous tree legislation, and staff discovered a minor error.

Councillors had given the bylaw three readings, but during the Feb. 24 council meeting, Coun. Mel Torgerson raised the question of whether council should be telling the public the tree in question is dangerous and determining who should be removing it.

As councillors discussed the matter around the table, concerns were raised about whether the district would be assuming liability by telling a homeowner who should remove the tree. It was suggested this should be something the district's legal counsel might look into.

It was determined that if someone inquired about a suspect tree, the district could go to the property owner and tell them they have to have the tree assessed by a certified arborist who has tree risk assessor credentials.

If the arborist determines the tree is dangerous and it has to be removed, it's up to the homeowner to decide who will remove it.

The exception would be if BC Hydro was involved because the hazardous tree was within a 10-foot area of the utility distribution line, it had to be removed by a certified utility arborist.

Bellingham says the bylaw is just a tool the district can use if necessary.

Regarding seeking legal direction, she adds they decided to ask district horticulturalist Kevin Dickens to look into the situation, and he contacted some larger communities and determined the new bylaw conforms to what they are doing in larger cities.

Councillors gave third reading to the amended bylaw at their March 8 meeting.