HUNTINGTON BEACH : City Turns Over New Leaf on Hedge Law

After an eight-month residents’ battle, the “tree war” has been settled by the City Council.

At issue was an obscure city law that outlawed “hedges” over 6 feet tall if they bordered another property. The city staff had interpreted the word hedges to include trees. Last fall, the law was challenged by homeowners Jerri and Glen Hesprich, who were under city orders to clip their 25-foot cypress trees to 6 feet.

A tree specialist told the Hespriches that such a cutback would kill their trees. They pleaded their case to the City Council last November. The council stayed the tree-cutting order and asked the Planning Commission to rewrite the law. The Planning Commission, however, insisted on having hedges and trees still included in the law.

The City Council on Monday night overruled the commission, however. By a 5-1 vote, the council axed any mention of trees or hedges in the city’s overall law governing fences along property lines.

The Hespriches had been joined by scores of supporters during the eight-month-long fight, and Jerri Hesprich often was referred to as the “tree lady” when she made her appearances before the City Council. She and others argued that cutting trees down to 6 feet would kill them, making the city a barren place.

Those who wanted continuance of the city trees and hedges law argued that that too-tall vegetation could deprive them of sunlight and fresh air. City Councilman John Erskine countered that state laws on nuisances could be used to settle disputes about trees and hedges.

Council members said that although the tree and hedge limit had been on the books for many years, the city had not heretofore enforced it.

“We haven’t enforced this law for 44 years, so why enforce it now?” asked Councilman Don MacAllister. “We don’t have the manpower to handle this.”