The La Cañada Flintridge City Council on Monday continued a claim filed by Berkshire Avenue property owners Kevin and Julie Abbott seeking damages after a city-owned tree fell and damaged private property.
City staff had recommended the council reject the claim.
The city pays for the maintenance of trees on public property, said Carl Alameda, senior management analyst for the city. It does not assume liability for trees that have been properly monitored and trimmed.
“If we assume the liability on all the city trees we wouldn’t have them because it would be too great a liability for us to pay the claims on them,” Alameda said.
A city arborist trims all city-owned trees on a five-year schedule, Alameda said. The arborist also continually assesses the general health of city trees. According to the arborist’s records, the oak in question was last trimmed in September 2007, he said.
“We keep maintenance records of all [city] trees,” Alameda said. “We went back and looked at the particular tree, which had been properly maintained. So in those situations when the tree is property maintained, we do not have liability.”
The Abbotts argue that the oak tree was not properly maintained, however, and that the city’s tree ordinance barred them from contributing to its upkeep.
The tree was rooted on Commonwealth Avenue along the southeast perimeter of their corner lot. With multiple trunks and an enormous canopy, it was the largest oak on the block and provided substantial screening of their backyard, Julie Abbott said.
On Jan. 20, after several days of heavy rain, the water-laden tree tipped over, tearing up much of the surrounding landscaping and destroying the Abbott’s wrought iron fence and gate.
The city’s public works department reacted quickly, the Abbotts said, cutting up and removing the tree. The Abbotts themselves paid to replace broken sprinklers and other minor landscaping repairs. They expected the city to take care of the fence and gate, and were shocked when they were told otherwise.
“Make a law protecting people from frivolous lawsuits, or cap the damages or something,” Kevin Abbott said. “But to say blanket immunity, you are just removing the responsibility.”
He would have been happy to pay for additional pruning in order to protect his property, Kevin Abbott said.
“We would have done that but you are not allowed to do that,” Kevin Abbott said. “They put you in a Catch 22, where your hands are tied but if something goes wrong, ‘Tough luck. It’s not our fault.’”
Julie Abbott said that they are still waiting for an official estimate, but said that she expects a replacement fence and gate to cost a few thousand dollars.
“The only thing we are asking for is the gate be fixed,” Julie Abbott said. “I don’t think we are trying to be ridiculous. Their tree fell. I just thought they would fix what it broke.”
