Explanation
BACKGROUND
In July 2021, Jiechun Liu (“Mr. Liu”) owned real property located at 4348 Sunbury Avenue, Galena, OH 43021. The property owned by Mr. Liu was adjacent to real property owned by the City of Columbus that abutted the Hoover Reservoir (the “City Property”). At that time, representatives of the City’s Department of Public Utilities, Division of Water (“DOW”) observed that trees and other vegetation located on the City Property had been cut or removed. The total diameter of the trees and other vegetation that had been cut was 555.5 inches. The established value of trees and other vegetation at this time was $100/inch.
Mr. Liu acknowledged that the trees and other vegetation were cut on his behalf. Mr. Liu, either directly or through others acting on his behalf, and with the approval of DOW, planted trees or other vegetation totaling 320 inches in diameter on the City Property or at other designated locations. However, not all of the trees and other vegetation was still living one year after planting, as was required.
Mr. Liu was given multiple opportunities to either plant additional trees or other vegetation to match the diameter of the trees or other vegetation that was cut or removed from the City Property or to pay for the value of the trees or other vegetation that had been cut or removed and not replaced. Mr. Liu failed to do so.
Thus, on August 4, 2023, the City filed a Complaint against Mr. Liu in the Delaware County Court of Common Pleas, seeking damages including $100/inch of diameter for trees and other vegetation cut or removed from the City Property that was not replaced.
DOW has decided that it is in the best interest of the City to resolve its above-described dispute with Mr. Liu by means of a settlement agreement. Therefore, this Ordinance is being submitted for City Council approval to authorize the City Attorney to enter into a settlement agreement with Mr. Liu to resolve the dispute between the City and Mr. Liu whereb...
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