Peralta looking at tree trimming problem

PERALTA — Peralta town councilors and the mayor are discussing the possibility of no longer bearing the responsibility of trimming trees along public roads within the town.

“I’m constantly on our public works guys, they need to be thinned out,” said Peralta Mayor Bryan Olguin. “They do look beautiful, but it’s dangerous. (The trees) need to be thinned out.

“When I drive through there and I see some more dead ones I’m …” the mayor said trailing off with a shoulder shrug.

Peralta Town Clerk Kori Taylor pointed out how dangerous it can be to send town employees to trim the trees in the public right of way. The work takes a lot of time to complete, she said, especially with only two public works employees, one of whom is part-time, and one animal and code enforcement officer able to do the work.

“The liability of sending our guys up that high in the trees to take down a tree, plus traffic control, if they are up there in that lift and it starts bouncing, they get a little leary,” Taylor told  the council.

The mayor proposed several different potential options to address the problem, such as hiring a professional tree trimming company or hiring an additional part-time employee to address both trees and weeds in public right of ways.

However, both options, especially hiring the professional company, are expensive, Olguin pointed out.

The mayor said no other municipality in Valencia County is responsible for trimming trees in the public right of way. He said it is always the responsibility of the owner of the property abutting the public easement.

“We have always taken responsibility for trees in the right of way,” Olguin said during the town council meeting on Sept. 13. “It gets a little bit overwhelming in places like Molina, Valencia. I don’t think we can go to the person and say, ‘Hey, it’s yours now’ because we let it get to that point there.”

Emails between Taylor and Steven M. Chavez, the town’s attorney, clarified that Peralta began trimming trees as a courtesy to residents who requested the service.

Chavez advised the council to create a “clear ordinance” to advise the public on their responsibilities. Taylor submitted the  emails with Chavez in the packet for the meeting.

“What I see happening here, and I am all for what’s fair is fair, if the tree is on my property and it’s overhanging the roadway, then I believe it’s my responsibility to trim it. But, to what extent?” Councilor Randy Smith said, asking for clarification of what the resident could be responsible for.

“Unless in our ordinance, to what extent am I required to trim that tree? Is it to the extent that traffic can pass easily, like campers and school buses, or is it that I have to trim this tree all the way back to my property line?”

Olguin clarified the council would have to create a clear definition of nuisance if they decide to pursue an ordinance about the residents’ responsibility to trim trees along their property if they interfere with a public space.

Based on questions raised during the discussion, Taylor said she will again consult with Chavez and bring the issue back to the town council.

No proposed ordinance has yet been drafted and presented to council. It’s not clear as to when the Peralta Town Council will again discuss the responsibility of tree trimming in public rights of way.

The next council meeting will take place at 6 p.m., Tuesday, Oct. 25, at the Peralta town Hall,  where the council is scheduled to consider hiring a new fire chief.