Duane, the Tree Trimming CZAR.
Watch Item #7 in the council meeting last night.
Due to three lawsuits against the city that the city lost, the city of Sioux Falls has no constitutional rights to force you to trim THEIR trees in the boulevard. The facts are simple;
• The city OWNS the trees
• The city CARRIES the liability insurance on the boulevard
• The city has NO CONSTITUTIONAL rights to force you to maintain their property
• The city has NO CONSTITUTIONAL rights to charge you for trimming
• The city has NO CONSTITUTIONAL rights to fine you for not trimming their trees
If you don’t trim the trees and the city does it (because it is their responsibility) and they send you a bill. Throw it away. Shred it. Burn it. They have no legal recourse. NONE.
Ironically, in many other cities like Kansas City and even Brookings, SD, it is ILLEGAL to trim city owned tress in the boulevard. It would be like the SFPD sending you a bill for responding to your police call or the city forcing you to mow the public parks. We pay taxes for a reason.
It is obvious that Project TRIM is a boondoggle by the tree trimming businesses in Sioux Falls. They needed the work.
End this stupidity. The city is responsible for their property, you are not.
UPDATE: I also encourage you to watch the snow removal testimony. $200 to remove 3 square feet of snow – NICE. The city acts like dictators, but they have no rights to be dictators. A word of advice; If you have to walk in the winter, wear the proper shoes. Duh.
UPDATE: Councilor Jamison offered fine amendments and it was a tie vote and the mayor had to break the tie, and he voted against the amendments, I’m sure it had to do with ‘being neighborly’ – What amazes me is that the city expects citizens to maintain their property in extreme weather conditions, but when it rains to much, they allow sewage to backup in people’s basements and blame the weather. Well guess what? This is a two-way street, if you can use the weather as an excuse, so can we.