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Monday, February 11, 2008

California Sues Homeowner For Blocking Solar Power

Today, a California magistrate ordered a Sunnyvale, CA homeowner to cut down two 40-ft Red Cedars on his propery because they block his neighbor’s roof-top solar panels and thus violate the state’s 1979 “Solar Power Protection Act”.

The law applies even if the trees were there first!

And, Of course, since this is California, the poor homeowner can’t even burn the wood in his fireplace.

Comments

Avatar for brenarlo

Does he have to buy a permit to cut the trees down?

brenarlo on February 11, 2008 at 07:15 pm
Avatar for brenarlo

Do you have a link for that?

brenarlo on February 11, 2008 at 07:19 pm

brenarlo:  Haha! Probably! Although since they are his trees on his own property, probably not. He only has to destroy them.

Sorry, no link.  It was on FOXNEWS HOUR with Brit Hume, who was absent.


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on February 11, 2008 at 07:40 pm

Here’s the link.  This is really bizarre.

Vargas said he first asked Treanor and Bissett to chop down the eight redwoods, which the couple had planted from 1997 to 1999 along the fence separating their yards. Later, he asked them to trim the trees to about 15 feet.

“I offered to pay for the removal of the trees. I said let’s try to work something out,” Vargas said. “They said no to everything.”

He installed the panels.

The trees were there first!

The law, signed by former Gov. Jerry Brown in 1978, is rarely used. But county prosecutors say Treanor and Bissett are breaking it.

It affects only trees planted after 1979, and bans trees or shrubs from shading more than 10 percent of a neighbor’s solar panels between 10 a.m. and 2 p.m.

It does not apply to trees or shrubs that were there before the solar panels were installed. But - and here’s the key distinction - it does apply to existing trees and shrubs that later grew big enough to shade the solar panels. A violation is an infraction, like a parking ticket, but with fines of up to $1,000 a day.[/quote}

Sheer environmental lunacy!


“Poverty of goods is easily cured; poverty of the mind is irreparable.”

Bat One on February 11, 2008 at 08:17 pm

It does not apply to trees or shrubs that were there before the solar panels were installed. But - and here’s the key distinction - it does apply to existing trees and shrubs that later grew big enough to shade the solar panels. A violation is an infraction, like a parking ticket, but with fines of up to $1,000 a day.

Wait...wait…

Vargas said he first asked Treanor and Bissett to chop down the eight redwoods, which the couple had planted from 1997 to 1999 along the fence separating their yards. Later, he asked them to trim the trees to about 15 feet.

He installed the panels.

By the description of the law, they could rightfully ignore the ruling. By Vargas’s own admission, the trees were alright “blocking his sun” before he installed the panels. Since the law doesn’t apply to trees that we’re there before solar panels...Treanor and Bichett are in the right here.

Sounds like a judge ignoring a part of the very law he’s claiming.


Obama/Biden is not change. It’s more of the same.

Kenny on February 11, 2008 at 08:40 pm

It gets even more bizarre…

Another gal in the same silicon valley area wanted to cut down her own trees to keep them from interfering with her solar panels.

Thursday, August 9, 2006, The Rose Garden Resident “Eliminating these trees will make the neighborhood ugly,”

Seems like your freedoms are even more restricted in California than I thought.

Mize said anytime a tree-removal permit is granted, it is on condition that the trees will be replaced. He said the replacement choice is up to him, not the property owner.

Mize is the San Jose city arborist.

City arborist...no wonder California is running a huge deficit.


“To love is not to stare steadfast at one another...it is to look forward, in the same direction.”
Saint-Exupéry

laydownSally on February 11, 2008 at 09:07 pm

City arborist...no wonder California is running a huge deficit.

laydownSally on February 11, 2008 at 09:07 pm

The city is paying for the city arborist. His salary has no effect on the state budget.

ellinas on February 11, 2008 at 10:44 pm

The city is paying for the city arborist. His salary has no effect on the state budget.

E,

Your grasp of economics ranks right up there with Bozo the Clown.

The collective view in cities throughout this state is to spend tax dollars on unnecessary salaried positions.

But, if your intent is to nit-pick and not comment on the topic at hand, you have succeeded.

Congradulations.


“To love is not to stare steadfast at one another...it is to look forward, in the same direction.”
Saint-Exupéry

laydownSally on February 11, 2008 at 11:40 pm

I thought trees were good for the environment? 

More evidence that the left has their collective heads you know where.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


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The Whistler on February 12, 2008 at 07:07 am
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I’d be willing to bet that when “Solar Boy” calculates the loss of cooling his house from the shade of those trees, he’ll spend more electricity running the AC than he ever recovers from his solar panels!



Trolls. It’s what’s for breakfast!
And then I eat their lunch.

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Proof on February 12, 2008 at 07:28 am

Yeesh. 

Regarding San Jose, they’ve got stupid up the wazoo out there.  My brother related to me that they spent half a million in “redevelopment” money there to get a bakery going downtown--oblivious to the fact that every little Vietnamese grocery there (and there are a BUNCH, almost a “little Saigon") bakes wonderful baguette and pastries daily.

This is a place where, even at the height of the dot-com boom, downtown was festering and vacant after 6pm.  Maybe they should have spent a few of those dollars on “police” and “streetlights” instead.

Bike Bubba on February 12, 2008 at 09:55 am

City arborist...no wonder California is running a huge deficit.
laydownSally on February 11, 2008 at 09:07 pm

But, if your intent is to nit-pick and not comment on the topic at hand, you have succeeded.
Congradulations.
laydownSally on February 11, 2008 at 11:40 pm

Topic: California Sues Homeowner For Blocking Solar Power.
Furthermore:The law was written by former Assemblyman Chuck Imbrecht, a Ventura Republican, as a way to guarantee, amid the energy crises of the 1970s, that people who installed solar panels wouldn’t see a drop in their investment from nearby trees.

ellinas on February 14, 2008 at 10:41 am

E,

How bi-partisan of you. If another liberal minded republican writes a piece of mis-guided legislation, infriging on the rights of a homeowner, that you agree with then you’re all for it.


“To love is not to stare steadfast at one another...it is to look forward, in the same direction.”
Saint-Exupéry

laydownSally on February 14, 2008 at 01:05 pm

Ellina:  Oh! Now I get it!!  Your solar panels have rights, but my trees don’t!  Huh. Take a memo: Don’t plant any trees that cast shadows.


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on February 14, 2008 at 01:34 pm

pparets. I have not taken a position on the issue.
Stop putting words in my mouth.

ellinas on February 14, 2008 at 03:31 pm

ellinas: Chill!  My response was directed at Assemblyman Imbrecht’s law which you cited. Never meant to put words in your mouth and didn’t.


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on February 14, 2008 at 03:48 pm

Ellina:  Oh! Now I get it!!  Your solar panels have rights, but my trees don’t!  Huh. Take a memo: Don’t plant any trees that cast shadows.
pparets on February 14, 2008 at 01:34 pm

pparets. I have not taken a position on the issue.
Stop putting words in my mouth.
ellinas on February 14, 2008 at 03:31 pm

ellinas: Chill!  My response was directed at Assemblyman Imbrecht’s law which you cited. Never meant to put words in your mouth and didn’t.
pparets on February 14, 2008 at 03:48 pm

How could I tell pparets? I have not taken a position on the issue and I still get attacked.

ellinas on February 14, 2008 at 04:04 pm

ellinas:  Well, for starters you could have asked if I was putting words in your mouth. Let me say it again, I wasn’t, and I apologize if you thought I was.

But, more to the point...

E: How bipartisan of you. If another liberal-minded republican writes a piece of mis-guided legislation, infringing on the rights of a homeowner, that you agree with then your all for it.

How did you happen to miss that blatant effort to put words in your mouth?


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on February 14, 2008 at 04:15 pm

pparets,

That wasn’t blatant. It was subliminal.

The fact is I could care less who wrote this piece of legislation, while ellinas apparently does.

It’s just another example of the goverment infringing on the rights of individuals.


“To love is not to stare steadfast at one another...it is to look forward, in the same direction.”
Saint-Exupéry

laydownSally on February 14, 2008 at 05:30 pm

LaydownSally:  Agreed.


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on February 14, 2008 at 05:34 pm

E: How bipartisan of you. If another liberal-minded republican writes a piece of mis-guided legislation, infringing on the rights of a homeowner, that you agree with then your all for it.

How did you happen to miss that blatant effort to put words in your mouth?

pparets I did not miss it. I ignored it.
I cannot debate with a person that thinks a city arborist is breaking the state budget.

ellinas on February 14, 2008 at 05:49 pm

pparets,

Well there’s your answer:

pparets I did not miss it. I ignored it.
I cannot debate with a person that thinks a city arborist is breaking the state budget.

You see ellinas does not believe in debate. He instead likes to scour a post for items he considers improper.

Where are you from pparets? Do you have a city arborist that will decide when and if you can cut down a tree? Your own tree.

And if he allows you to cut down the tree, then he will decide what type of tree you can replace it with.

Little E, does not wish to debate this, he feels that it is more important to argue whether or not this arborist who may or may not be paid by the city
plays a roll in the state deficit.

A reasonable argument can be made that he does.

But while E should be using his fingers for typing a response, he instead is to busy massaging the foreskin of his friends and colleagues, of which he has precious few.


“To love is not to stare steadfast at one another...it is to look forward, in the same direction.”
Saint-Exupéry

laydownSally on February 14, 2008 at 06:53 pm

LadownSally:  Funny you should ask… I am an elected City Councilman in the town where I live and we have a city arborist - paid for, in part, with state bond-bill money. We follow a strict policy of leaving tress and shrubs on private property alone, unless they represent a clear threat to human safety or damage to surrounding properties.

Ellinas clearly does not understand that most cities would be in very serious financial trouble were it not for the continuous financial largesse provided by their state - a concept that you clearly get !

Like I said before, you’re not just another pretty face.  smile


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on February 14, 2008 at 07:18 pm

Nothing to debate. The headline of the thread is misleading as the state of California has not sued the homeowners. It was the local district attorney.
Squabbles like that happen when people live in close proximity.

ellinas on February 14, 2008 at 07:21 pm

As far as my friends foreskins go be advised that they are all circumsized. On the other hand I am not.

ellinas on February 14, 2008 at 07:23 pm

Ellinas clearly does not understand that most cities would be in very serious financial trouble were it not for the continuous financial largesse provided by their state - a concept that you clearly get !

Like I said before, you’re not just another pretty face. 
pparets on February 14, 2008 at 07:18 pm

What state are you talking about pparets? A state bond-bill for a city arborist? That is some silly ass bond your state’s voters or legislature approved. Why don’t you propose to not receive state money for that purpose? And why do you have a city arborist?

ellinas on February 14, 2008 at 07:31 pm

Thanks pparets,

As you can see ellinas still squabbles over trivialities and misses the point of your post.

Nothing to debate. The headline of the thread is misleading

Comprehension is not his strongest suit.


“To love is not to stare steadfast at one another...it is to look forward, in the same direction.”
Saint-Exupéry

laydownSally on February 14, 2008 at 08:02 pm

ellinas: If you live in an incorporated city, take some time, go to city hall, ask to get a copy of the annual city budget. Its a public-record document and they have to give you one. Study it. Ask some questions. If you have a council/manager form of city government - the most typical type - you should have no problem.

All cities in all states recieve financial aid from the state in the form of grants-in-aid or bond bills.

Why do we have a city arborist? Because we need one to manage over 5,000 trees on city property, many of them old and in need of management.

Because we are a small town with a limited tax base, our arborist is a part-time employee which we share with several other cities. State bond money helps us pay his salary.

I recommend that you do some study of the interaction between federal-state-county-municipal revenue sharing before you rattle on about something you really don’t understand.


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on February 15, 2008 at 03:13 pm

So the city arborist is a nececity. As it is in my city. The taxes recieved from the state are collected from the citizens for the citie’s disposal.

ellinas on February 20, 2008 at 11:10 am
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