Some Makakilo residents say they were surprised to learn they are in violation of a city ordinance and could be forced to pay hundreds of dollars in fines.

They are everywhere you look...bushes, palms, shrubs and trees in public planters of this Makakilo neighborhood.

“I actually try to keep it as trimmed as possible, manicured,” Lihau Street resident Gary Carvalho said.

Carvalho planted his evergreen on June 1st, 13 years ago in honor of his father.

“That's my dad’s birthday and he's now deceased and I have it up you know since that time and everyone around here seems to know what the tree means. I actually have Christmas lights that I put out and the neighbors seem to enjoy it people do seem to compliment me,” Carvalho said.

But according to the city's Department of Planning and Permitting anything planted in the grass between the street and the sidewalk reaching over 4 inches in height must be removed within thirty days.

“We've had these trees for about twenty years or more, and there's never been an issue about it and all of the sudden now they are telling us we have to have them uprooted,” Nohopaa Street resident Cheryl Stanley said.

According to the citation, if homeowners don't remove the plants the city will contract someone to remove it for them, and bill the homeowners for the removal.

“I think that's outrageous because, I mean if it’s been here this long and now its an issue and its bothering the city, the city should come and uproot it themselves,” Stanley said.

Residents were told by the city's inspector that the ordinance hasn't been enforced until recently.

“A year or two ago someone else was cited for the same thing because a neighbor turned them in and they actually went out and decided you know why me? Why not the rest of the people,” Carvalho said.

Residents and members of the community say they were only trying to improve the appearance of their neighborhood.

“You try and beautify the area and things like this come back to bite you,” Carvalho said.
Residents are given another option…to pay a nonrefundable $100 to request a variance, which could allow the homeowners to keep the plants, but be held liable for anything that happens on that piece of property.