I found an interesting tagline from the 2001 movie The Sidewalks
of New York. It reads,
”
In a city of 8 million people, what are the odds the perfect two
will meet?
”
I found an interesting tagline from the 2001 movie The Sidewalks of New York. It reads, “In a city of 8 million people, what are the odds the perfect two will meet?” I’d like to borrow from that tagline, and make a tagline for Gilroy: “In a city of 45,000 people, what are the odds the perfect accident is waiting to happen?” I’ll explain.
Some 30 years ago or so, I’m guessing that some planner in Gilroy’s building department was given the assignment to select trees to plant on city property between the curbs and sidewalks for the new homes being built along Welburn Avenue between Church Street and Santa Teresa Boulevard. Maybe there was a tree sale going on somewhere, but in any event, the decision was made to purchase and plant liquid amber trees along that stretch of street. I suspect that at the time, these beautiful newly planted trees were quite a landscaping charm along Welburn Avenue.
Fast-forward 30 years. Yesterday’s charming trees are today’s big mistake. These liquid amber trees not only have a nasty habit of dropping good-sized spiny sharp seedpods on the ground, but have very aggressive surface roots that easily uplift entire sections of sidewalk, therefore creating a big safety problem (the accident waiting to happen) for anybody who either walks or rides a bike on the uplifted sidewalk. As one Web site says for this kind of tree “Expect a significant root system.”
And the uplifted sidewalks are typically more than the one-half inch standard that the city deems as hazardous. Many homeowners who find themselves with lifted sidewalks in front of their property have painted the edge of the elevated sections a bright color, so at least a pedestrian is alerted to the problem. That’s OK during the daylight hours, but can still be a substantial problem in the evening darkness if you want to take a walk, and don’t watch where you’re stepping.
Of course, our city government has a solution to this problem, giving us a warm feeling of how our tax dollars are put into action. Here’s what the city’s webpage says.
First, for the question “Who is responsible for maintaining the sidewalk?” the answer is “By state law, the owner of the fronting property is responsible for maintaining the sidewalk, curb and gutter and parkstrip area. Maintenance responsibility includes repair or replacement of damaged or displaced concrete.” OK that’s clear.
Now the question “How is the necessity and extent of concrete repair determined? The answer: “The concrete sidewalk or parkstrip has cracked and raised one-half inch or more.” OK, again that’s pretty clear.
Next: “How are property owners notified that sidewalk/parkstrip repairs are necessary?” Answer: “When an inspector determines that repair is necessary, the property owner is sent a letter informing him/her of the need for repairs.”
But there’s more that’s really the bigger part of this tree problem. Consider this question: “Is the property owner responsible for repairs if the concrete damage is caused by a parkstrip tree?” Answer: “Property owners are not exempt from liability for the cost of concrete repair even though the damage may have been caused by trees in the public right-of-way.”
In other words, “YES.”
But there’s even more of an ominous issue. Question: “Who is liable if someone is injured due to a damaged sidewalk?” Answer, and take note: “Personal injury suits can be filed against both the property owner and the city. A judge and/or jury determines if there was negligence and who is liable for damages.” Well, isn’t that just great. So for all you property owners in the city who have this condition of an elevated sidewalk due to tree roots, you still have potential lawsuit liability. While that’s bad news, there’s a fix solution called the “50/50 Sidewalk Replacement Program.”
If you’re interested in the details, check out the city’s website and do a search on “sidewalks.”
But be sure to note the following statement: “If [the] City has insufficient funds in the current program to reimburse the City’s portion of repair costs, owners have the option to pay the contractor for all the repair costs and be reimbursed by the City for the City’s share of the costs under Option A when funds become available.”
So property owner, you’re potentially liable even thought you didn’t plant the tree. Then, you pay to get the problem fixed after the city first approves it. And finally, you’ll get your 50 percent portion of financial reimbursement – maybe. No wonder humorist Will Rogers could say “I don’t make jokes. I just watch the government and report the facts.”
