City Trees-Can I fight City Hall?

[RunningOnEmpty]

What is the name of your state? California

I live in a community labeled a "Tree City" USA.

My home was built 30 years ago with City trees planted on the property behind my rear fence. This is my property, however, the City has an easement and the trees belong to the City. The trees are now 30 years old, quite mature and very beautiful. The City has kindly trimmed the trees back recently, at my request, because they were completely shading my back yard. They are still quite large. The roots are pushing the 5 year old fence and the brick columns between the wood sections out of alignment. In fact, the brick columns are leaning quite precariously into my yard. The sidewalk behind the fence is lifting and buckling due to the tree roots.

I am currently in the process of putting an in-ground pool in my backyard.
While installing the new sprinkler system, we kept finding roots and more roots, which had to be cut out with a chainsaw, due to their large size. After the pool was gunited and the 1100 sq ft deck poured, we realized that one of the branches is hanging over an area where the pool is. Right over the "Acapulco ledge." As a result of this, the crows that hang out in the trees are crapping right into the pool, as well as the deck area, where we plan to have our patio furniture. The trees are also shading the area where we would like to install our solar panels (on the back of the house instead of in the front).

I had the Public Works Manager come to my home and requested that the offending trees be removed. He acted like I had asked him to murder his children. Despite the obvious damage being caused to my property, he flatly refused to remove the trees, stating they are healthy and are serving their intended purpose. (providing shade and beauty). He basically said that I have no rights as a property owner and that "just because you decided you want a pool doesn't mean that I'm going to cut down these trees." I pointed out the damage to the fence and brick columns and he told me I should just rebuild the fence. Excuse me, we just did this five years ago and at considerable expense. He said, "Well what do you expect? Trees grow." I pointed out all the bird crap on the pool decking and got the same response, i.e. "birds crap." I mentioned the trees are shading the entire rear roof where we want solar panels and he told me the shade was saving me $25 a month on my a/c bill. I told him the roots will eventually damage the concrete decking we just poured. He pretty much told me T.S. When I pointed out the buckling, lifted sidewalk behind my home, he did offer to repair that. I told him I wanted to plant citus trees on one side of the yard that is completely shaded by the City trees and he told me not to, "because citrus requires full sun." He suggested I plant a nice fern garden there. He told me that I could request a hearing with the Parks & Recs dept., but that I would still not get the trees removed. He told me that I could not get an attorney who would be able to get the trees removed.

Is this for real? Can the City trees damage my property and prevent me from using it as I wish and I'm just out of luck? Is there any way to fight City Hall? The man did point out that the City also has an easement in my front yard and offerred to plant a nice maple for me. I stated he would probably do that just to p*** me off. He said that he wouldn't, as he knew he had already p***'d me off enough.

[shortbus]

You live in "Tree City" USA

+ "The City has an easement" for trees

= You lose.

[Sweetgum Tree]

My question is did you ever get your problem resolved? We have a similar problem and the tree has been determined to be on, well on city property. This tree is damaging our home, and driveway. So far the city Mayor hs decided to pay for an arborist, if we pay to have the tree removed at our expense. The only thing this miracle arborist is going to do is state the actual damages caused by this tree. Thus, = nothing to our benifit, we are still expected to pay for the tree removal = LOTS of $ and pay for our structural damages done to home.

[Indiana Filer]

Originally Posted by Sweetgum Tree

My question is did you ever get your problem resolved? We have a similar problem and the tree has been determined to be on, well on city property. This tree is damaging our home, and driveway. So far the city Mayor hs decided to pay for an arborist, if we pay to have the tree removed at our expense. The only thing this miracle arborist is going to do is state the actual damages caused by this tree. Thus, = nothing to our benifit, we are still expected to pay for the tree removal = LOTS of $ and pay for our structural damages done to home.

The original poster started this thread 2 1/2 years ago. It's unlikely that they will be back to let you know what happened in their case.

You need to start your own thread to ask your question.

[HomeGuru]

interesting.....

[nannycandy]

Well, we arent all of the same intelligence or experience. Obvious right? We all dont have the same amount of time to research all areas of everything. But we all do need advice from time to time. I'm not Forum, Chat, Thread savvy. I want to thank the senior member above that gave information about someone posting a reply to a 2 and a half year old posted thread. That original person, like me, didnt realize their question wouldnt be read by lots of people that might still reply even if the original person didnt. I just know people get angry when one posts a new thread if one or more exist. I'm still new to all this and what may seem obvious to experienced or 'sharp' people may not be recognized by others. Im a called a 'junior' member for a reason. I was never going to post on this forum at all because I just read a post before this one from a Senior member JETX, where he harshly berated the junior member for posting to a 3 yr plus thread.
Thank you so much for the patience and information to a pencil that used to be as sharp as him but age, pain, stress and medication have dulled the tip to a degree. But I'm brave enough to attempt learning this computer and Forum stuff. so pat on the back to me and deep appreciation for those that help me and others in our sometimes feeble attempts. Nana