By Mary Beth Almond
C & G Staff Writer

BIRMINGHAM — The builder who was recently fined $12,140 after a 40-foot city-owned tree was illegally chopped down has been cleared of the blame.

The matter was resolved in court Aug. 7, after the city transferred the responsibility of a citation that was originally given to Great Lakes Custom Builder Inc. owner James Wiese to a tree removal company called The Tree Guyz.

“They agreed that it was not my fault and that I was not in violation,” Wiese said.

Wiese hired The Tree Guyz, a tree removal service that is registered with the city, to chop down various trees on Northlawn to make room for a new house. Although Wiese said he had the lot staked and surveyed for the tree company, The Tree Guyz mistakenly cut down a city-owned silver maple July 21.

The tree, which was 31 inches in diameter, was in the public right of way. City Code states it is illegal for anyone to cut down a city-owned tree without approval.

“The tree company accepted responsibility for cutting down the tree. James wasn’t on the property when the tree was removed, and he knew that the tree was a city tree, so his name was removed as the responsible party on the ticket,” Building Official Bruce Johnson said.

Because the city tree was removed without obtaining the city forester’s permission, the city issued The Tree Guyz a $500 ticket for a civil infraction and ordered them to pay $11,640 in restitution to the city’s tree fund.

Johnson said the $500 civil infraction was paid in court Aug. 7.

Although Wiese was not responsible for the removal of the tree, he volunteered to pay the $11,640 fine to the city tree fund because the mistake happened on his property.

“The blame was taken off of me and put on The Tree Guyz, but I agreed to contribute to the forestry department’s tree fund so they could plant more trees in Birmingham because of the mistake,” Wiese said.

Johnson said a total of five trees are going to be installed — two on Northlawn, where the tree was cut down, and three in Fairway Park.