Uraniumfish

Who cleans up the trees?

During the recent storm, a tree in our back yard got uprooted and fell across the backyards of two neighbors, knocking down the fence in between and everything. So the tree trunk is now just a couple of inches from the electrical line that runs into our building. If it falls just a little bit lower, I can see someone getting seriously hurt and the whole street losing power.

Does anyone know whose liability this is? Would the city come clean it up since it involves several back yards and a potential danger to residents? It's on private property though, so does that mean my landlord is responsible for the cleanup?

I seriously cannot imagine my octogenarian landlord taking care of this one. Anyone have advice?

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uptowngirl Sep 21, 2010

@Uraniumfish I don't know for sure but I think your landlord would be expected to clean it up. Hasn't anyone complained as yet?that's odd isn't it?

ajadedidealist Sep 22, 2010

(Aside from the "who speaks for the trees" Lorax mental reference my mind just went to) - is there a local city councilman/district rep you can call? Or call 411. I read a great NYTimes article about the sheer variety of information that 411 can provide...

Uraniumfish Sep 23, 2010

I was about to call 311 yesterday to ask, but noticed in the morning that some people were taking down the fence. It took the workers all day, but they sawed that huge tree into parts and hauled in away and in the evening put back the fence. It's so weirdly sunny in the kitchen all of a sudden! I have no idea who took care of this, the landlord or the city, but I am SO relieved that's done now. I still want to know, for my own information, who would normally be responsible in this situation.

hhusted Sep 23, 2010

@Uraniumfish: If the building is residential, and the tree falls in the yard, it is the landlord's responsibility to take care of it. If the tree lands out on the street, the city sanitation is responsible for removing that part of the tree. So there really is a mixture of people who are responsible. In the future, if you know the landlord, make the call. If you do not know the landlord, call 311 and let them handle it.

Uraniumfish Sep 23, 2010

@hhusted Thanks. It's easier to tell with tress out front--that's definitely up to the city. But in the back yard it's a bit harder to know, since the tree is growing on private property. So do I understand you correctly? If the tree falls out into public space the city will ONLY clean up the portion of the tree that's in the public space, but leave the rest of the tree where it is? Weird. In the case of our tree, that would not have been possible. The thing was at a precarious angle and you either take the whole tree away or you don't touch it at all.

hhusted Sep 24, 2010

Based on NY law, if the tree is on private property, it is the owner of that land who has the responsibility to the tree. However, if the tree falls and some of it lands on the sidewalk or street, and that area is in the city, the city has responsibility, unless, the deed to the property shows that the front of the property covers the sidewalk. In that case, the owner is fully responsible for the entire tree. It depends on where the border is to the land, not the building.