The City of Trees Declares War on Trees!

PRESS RELEASE

June 8, 2006

Contact:
Karen Baumann (916) 453-8946 BaumannK [at] surewest.net
Kim Glazzard (916) 455-8415 KimG [at] organicsacramento.org

THE CITY OF TREES DECLARES WAR ON TREES!

Who would have ever imagined that our beloved City of Trees would declare
war on trees---or that growing a garden in Sacra”tomato” would be a
violation of the City Code. But, if the City adopts the new ordinance
drafted by City Code Enforcement staff, that is exactly what will happen
(code draft follows).

“This turn of events not only shocks but saddens me,” said Karen Baumann,
whose own front yard vegetable garden became a cause celebre two years
ago. “After I was cited by Code Enforcement for growing a front yard
vegetable garden with my eight year old twin boys, I participated for a
year and a half in an ad hoc citizens advisory committee to negotiate
amendments with Code Enforcement staff."

She continued, "Last we heard, Code Enforcement staff
shook hands with us and we thought we had a deal. But the draft ordinance
that Code Enforcement is pushing bears no resemblance to the draft we
shook on. We participated in the process in good faith and I, for one, am
deeply disappointed that citizen input was completely disregarded by Code
Enforcement staff. I can only conclude that Code Enforcement negotiated
in bad faith. But I can tell you, this has been quite a civics lesson for
my boys, who are now ten and studying to be master gardeners themselves.”

The existing ordinance mandates lawns or low growing ground cover but
makes no mention of fruit trees or vegetables. Ms. Baumann was cited for
growing vegetables instead of a lawn.

The proposed ordinance would limit the number of fruit trees and
vegetables to no more than 10% of a front yard. If cited, Code
Enforcement would have the authority to declare the property a public
nuisance and order residents to remove fruit trees or vegetables that Code
Enforcement officers determine occupy more than 10% of the yard.

If a homeowner refuses to comply, Code Enforcement could levy a fine and charge
the homeowner for removing the offending plants. Code Enforcement could
even put a lien on the property for any unpaid charges, thereby clouding
the title. Who knew that feeding your family could get you into so much
trouble!

And then, there are the broader issues. “The City of Sacramento has
recently endorsed the United Nation’s Urban Environmental Accords and
committed to sustainability in its Ten-Year Plan. The issues of water
conservation, water quality, energy, and food security need to be
implemented through the adoption of compatible City regulations and codes.
This proposed ordinance undermines the City’s expressed sustainability
goals,” explained Sacramento City resident, Ken Peterson.

Code Enforcement has offered no explanation of the intent of the draft,
but promises to answer questions from the community during a limited
one-hour meeting on Tuesday, June 13, 2006 at the Hart Senior Center,
Redwood Room, at 27th and J Streets, 6:00 p.m.-7:00 p.m. Code Enforcement
can also be reached by contacting Dennis Kubo, Program Manager, 808-8577,
dkubo [at] cityofsacramento.org.

Many concerned residents, including Karen Baumann, will be at that
meeting. They want to know why the City finds growing food so offensive
that it needs to be outlawed.

“One would think there are more than enough
abandoned cars and dangerous properties around to keep Code Enforcement
busy. But for some reason they have set their sights on harassing
homeowners with edible landscapes and sustainable gardens. I hope all
concerned residents will join me at this meeting, and will contact the
Mayor and City Council. This is an important issue for all of us,” said
Baumann. “The principles at stake go way beyond landscaping our yards.
This is about our community values and whether government represents the
community or dictates to us.”


FINAL AMENDMENT CHANGES TO THE ORDINANCE

“Single Family and Two Family Residential Front and Street Side. A
maximum of fifty (50) forty (40) percent of the front setback area may be
paved for walkways, uncovered patios, off street parking, and driveways,
and the like; provided that no more than forty percent (40%) of the
required front setback area may be paved for off-street parking and
driveways. An additional maximum of ten (10) percent of the front setback
area may be paved for walkways or uncovered patio use. A maximum of forty
(40) percent of the required street side setback area may be paved for off
street parking, driveways, walkways or uncovered patio use; however, this
requirement does not apply to that portion of the street side yard located
behind a fence that is in compliance with the street side fence
requirements set forth in Chapter 17.76 of this title. The remaining
portion of the setback areas shall be landscaped, irrigated and
maintained.

The landscape may include grass, annuals, perennials, ground cover,
shrubs, trees, and any design elements such as planters, rocks, mulch, or
similar elements when integrated as part of the landscape. However, only
living vegetation may be used as a primary ground cover; no cement, brick,
astro turf or similar artificial products may be used for this purpose.
The use of artificial materials such as plastic plants or flowers is
likewise prohibited. No more than 10% of the landscape may be devoted to
the growing of vegetables and/or fruit; and such trees and/or plants shall
not exceed four (4) feet in height, with the exception of fruit trees.
Landscaping planted within the clear zone for driveways and corner lots,
as set forth in Section 17.76.010 of this Title, shall not exceed four (4)
feet in height, with trees free of branches five (5) feet above the
finished grade , as defined in Section 15.88.050 of this Title. All lawns,
trees, and shrubs shall be mowed and/or trimmed as often as necessary to
prevent overgrowth. No junk, debris, or other similar materials shall be
stored in the landscaped setback area. Vehicles, including but not
limited to autos, boats, campers, trailers, and other recreational
vehicles, are not permitted to be parked within the landscaped setback
area; they must be parked on a paved surface."