City Takes Business to Task Over Cleared Trees

An estimated 100 trees were cleared from this land without a permit. (Photo by Jana Birchum)

Fittingly, coming just a week before City Council is due to discuss strengthening protections for Austin's trees – a discussion that should be happening Thursday, Feb. 4, as this issue hits the stands – the city of Austin has taken action against a South Congress auto salvage yard for illegally clearing trees from a large area of land.

On Jan. 29, city officials accused Capitol City Auto Parts of clearing – without a permit – an estimated 100 trees from about 10 acres of land adjacent to South Boggy Creek. Capitol City owner Rob Ormand replied that he cleared the land to remove cover for transients who were breaking into his salvage yard and stealing parts. Ormand also says that his employees knocked down far more trees than he intended and that he never wanted protected trees to be cleared, only cedars. But he also maintains that the city is overestimating the damage done. The city issued a stop-work order on the property, and both the city and Ormand say they are cooperating to resolve the situation.

The violation was originally discovered because of a call to the city's pollution hotline Jan. 28 reporting automotive fluids released into the creek. City officials said no evidence of a spill was found, but the clearing is serious because of flooding dangers. Kevin Shunk of the city's Flood Plain Office said the clearing could redirect flow into other parts of the creek or into a road, and the debris of the uprooted trees could wash downstream and block culverts and bridges. "This is serious because of the amount of trees removed and the damage performed to the floodplain," said city arborist Michael Embesi. "It's a truly unique case. This does not happen, fortunately, very much."

"I never authorized any of my employees to push over any pecan or oak trees," Ormand told the Chronicle. "We have had an epidemic of theft for years. We found a campsite of transients ... on my property, among the cedar trees. We've been running them out of our property for years.

"What we found down there was nothing but a health hazard," says Ormand. "The city has done nothing about that. We spent days down here cleaning out 2 acres of feces, trash, waste, beer bottles, hypodermic needles." When he saw what his employees had done, says Ormand, "it made me sick to my stomach." Ormand says he was out of town at the time of the clearing. "I couldn't eat for two days for what my dumbass employees did to my property.

"I'm not a tree murderer," he says, arguing that he knows the trees would have added value to a property that likely will eventually attract development.

Ormand did complain about his initial contact with the city, saying environmental inspector Lee Lawson was verbally abusive. Lawson says she has since apologized to Ormand for "unprofessional" behavior brought on by an "overwhelming" situation.

Regardless of Ormand's intent, city officials say the real issue is that he proceeded with tree clearing – an action considered to be "development" – without seeking the proper permits, and sediment has entered the creek. "We have a review process when we allow property to be developed," said Embesi. "A permit is needed to do the work that was done. We have a strict criteria to follow no matter which excuse is being used."

At this time, if Ormand pleads guilty, he would be subject to a $1,429 fine plus $63 in court costs, but that amount could climb if the investigation finds he cut trees that fall into a protected category or other violations were committed. He will be expected to replace some trees, as well. Ormand said he and his attorneys will continue to discuss the situation.