Maui County Street Trees
Below is an 8-2-2012 email from the County Arborist David Sakoda in response to Ann Pitcaithley's inquiry about whether we could replace the street trees with another species:
This tree is a Madagascar Olive tree, Noronhia emarginata. It has been classified as an appropriate medium-sized street tree. This tree is evergreen and drops fruit seasonally. There is no such thing as a tree that does not drop some kind of green waste. On a relative scale of trees this is a medium-to-low maintenance tree.
12.02.020 - Cleaning of sidewalks.
Every property owner whose land abuts or adjoins a County street shall continually maintain, and keep clean, passable and free from weeds and noxious growths, the sidewalk or shoulder areas which abut or adjoin the owner's property. (Ord. 3493 § 2, 2007: Ord. 1392 § 1 (part), 1984)
12.02.030 - Procedure on owner failing to clean.
If any such owner, after receiving notice from the county fails, within twenty days after such notice, to clean such sidewalk, or fails and neglects to keep such sidewalk clean and free from weeds and noxious growths, then and thereupon the county may proceed to clean such sidewalk, as may be reasonably required, and the cost thereof shall be charged to and against such property owner and shall be collected from such property owner, if not immediately paid, by action in the district court. (Ord. 1392 § 1 (part), 1984)
12.02.040 - Notice to property owners.
The notice specified in section 12.02.030 shall be sent to such property owner by certified mail at its last known address.(Ord. 3071 § 1, 2002: Ord. 1392 § 1 (part), 1984) 12.02.050 - Liability and other remedies. Any property owner who fails to comply with any of the provisions of this chapter shall indemnify and save harmless the county, its officers and agents, from all claims, demands, suits, actions or proceedings of every name, character and description which may be brought against the county for or on account of any injuries or damages to any person or property resulting from the failure of the owner to properly maintain the abutting sidewalk area in a reasonably safe condition. In addition, the county may institute an action to prevent, restrain, correct, or abate any violation of this chapter and seek such relief, by way of injunction or otherwise, as may be proper under the facts and circumstances of the case, in order to fully effectuate the purposes of this chapter. (Ord. 1392 § 1 (part), 1984)
12.02.060 - Violation—Penalty.
Violations of this chapter shall be subject to section 19.530.030 of this code. (Ord. 3493 § 3, 2007: Ord. 1392 § 1 (part), 1984)
This can be found on the County of Maui website under on-line services and County Codes. Maui County Code Chapter 12.02 - CLEANING AND MAINTAINING SIDEWALKS.
If the owners clean the sidewalk as required, there is no problem. There are many communities / subdivisions that do have this same tree and it is maintained and suitable as a street tree. I don't know what substitute "street tree" that is a suitable shade tree that is listed as a street tree of medium size people are suggesting as a substitute, but there will be an associated maintenance requirement with any tree proposed. Palms are not suitable street shade trees.
You can report to the Homeowners' Association that I am not looking to replace these trees at this time. The county has spent significant monies in maintaining these as well as all the street trees in your subdivision and they are a community asset. By the way, the fruits that do develop have edible pulp. There was investment made up front in the design of the landscape planting plan for the subdivison and it was approved prior to the subdivison being developed. Not everyone may like the tree that is fronting their home but there is some amount of maintenance that they are required by law to do. We don't get snow here on Maui so sweeping and bagging the green waste that is on the sidewalk fronting their home is not an unreasonalbe burden to carry out.
David I. Sakoda, County Arboriculturist
County of Maui - Department of Parks & Recreation
700 Halia Nakoa St, Unit 2
Wailuku, HI 96793