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Fight City Hall! A Personal Story…”Resident upset after city refuses claim for damages”
Resident upset after city refuses claim for damages
By TIFFANY MAYER , STANDARD STAFF
Stephen Dohnberg is going out on a limb.
But after a large tree branch fell onto the antique wrought iron fence and vestibule of his heritage house, the Yates Street resident wants to warn others to tell the city if they have trees on the boulevard in front of their homes.
Otherwise, Dohnberg said, they could be on the hook for any damage a city-owned tree may do to their property.
That much is true for him and his mother, Judith, after a rain storm last month downed a branch from about 15 metres up a towering tree on the boulevard in front of their home.
Dohnberg didn’t realize what happened until he stepped outside a few minutes later.
“You just heard a little sound of cracking,” he said. “It wasn’t even enough to make us run to the front of the house.”
But seeing the fallen limb from a tree that had otherwise appeared healthy made him run for his camera, and the phone.
Dohnberg snapped photos and called the city to alert them to the problem.
He said the city staffer who came to see the damage remarked that the trees on Yates Street should have been looked at sooner, but staff have been busy.
Acting forestry director John Bellehumeur referred The Standard’s request for an interview to Bob Riediger, the City of St. Catharines’ operations manager.
Riediger declined to comment because the city’s legal department is now dealing with Dohnberg’s case.
The day after the city staffer surveyed the damage, Dohnberg said he delivered a letter to the city’s legal department detailing what happened with the hope the municipality would take ownership of the damage.
A month later, Dohnberg said the family received a response, but not the one he was expecting.
In a letter from the law firm Cunningham Lindsey, Dohnberg was told an investigation was done, revealing that the city “had not received any previous complaints relative to the condition of the particular tree prior to the date of loss, therefore, the City of St. Catharines did not knowingly allow a dangerous nor deficient condition to exist.”
As a result, the law firm said the city isn’t liable and Dohnberg’s damages claim was denied.
Dohnberg said the damage wasn’t extensive — the antique fence is bent and the vestibule’s roof has been covered with plastic to prevent potential leaks until repairs are done.
But that isn’t the point, he said.
“They refuse to pay for it, which is what’s infuriating,” Dohnberg said.
He added the tree looked healthy and given the height of the branch, it was impossible to tell if anything was awry.
“Nobody here’s an arborist, so it’s kind of hard to tell,” Dohnberg said. “This would indicate that unless you are, in fact, an expert, the city bears no responsibility, ever.”
Dohnberg plans to appeal to council at a meeting this month.
Meanwhile, a staff report on the tree inspection procedure is forthcoming.
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Comments on this Article:
I love how the City defers the matter to “no comment” by saying “the city’s legal department is now dealing with Dohnberg’s case”.
That’s essentially a lie (unless something new has emerged), as the letter from the Cunningham Lindsey essentially says “sorry sucker, that’s it”.
I want to add that my main concern is not that we’re on the hook for damages, but because the economic climate has hit Niagara so badly that so many residents are underinsured - or not insured at all - and that could be a major blow to them.
And besides, who wants one’s premiums to increase because of the continued lack of concern for actual, tax paying, residents of the City?
In a letter from the law firm Cunningham Lindsey, Dohnberg was told an investigation was done, revealing that the city “had not received any previous complaints relative to the condition of the particular tree prior to the date of loss, therefore, the City of St. Catharines did not knowingly allow a dangerous nor deficient condition to exist.”
I did not know that the above company was a Law Office !!
Google Cunningham Lindsey. Looks like they cover all insurance info but I dont see anything about Law Office .
I think they are trying to give you the Bums Rush….Typical Crap.
Try again I am sure you will succeed.
kipster
Why should we, the taxpayers pay for this if this homeowner has house insurance?
This type of accident is precisely why we pay for house insurance.
If the City pays for this it will set precedence for similar claims.
Either we pay for it and see our taxes go up over this sort of accident, or he pays and “maybe” his house insurance goes up.
However, because it was an accident and due to no fault of the homeowner, his house insurance won’t be increased at all.
I’d like this homeowner to check with his insurance company before he demands that we,the taxpayers pay for this.
you miss the point - the premium will in fact go up substantially - through no fault of our own- and as for taxpayers money - what of the useless and now obsolete 4 pad arena, the ridiculous 2 way traffic, the building of the 406 - to the detriment of downtown business, and endless other wasteful initiatives.
And you talk of precedents - well the precendent established is that the city will NOT EVER pay for tree damage on City property - despite Mr Bellehumer’s confirmation that this area should have been looked after aaages ago.
When a tree falls on your house and the City - by “precedent”, refuses to pay for any damage incurred - will you sing the same tune? And what of the countlesss underinsured homeowners who have been laid off (such as myself) - do you have no empathy for them?
It’s a matter of context and perspective and you are missing the point.
Finally - the Legal Dept lied outright to the Standard in saying an investigation is ongoing; Cunningham Lindsey has essentially said “that’s it, no onus is on the City” (to paraphrase).
If you own a house with a tree on the boulevard, you’d be advised to contact the city asap to have them come and inspect it - otherwise you could be on the hook from $5000 to $100,000 - what would you think then Meritonian?
Lastly, as a resident of merriton, your Ward (which is also historical and has some beautiful, old trees) has been sorely neglected also and as a fellow taxpayer I empathize and commisserate.
Please start looking at the broader picture and the failures and lack of foresight of our local government.
admin @ August 2, 2009
Wasn’t it just a couple of years ago, the city was going to hire someone to check all the trees in St. Catharines? The same City that was supposed to hire someone to check for pot-holes. It’s a wonder.