Ombudsman resolves dispute over tree growth, property line

A building on West Monument Avenue that houses the Dayton-Montgomery County ombudsman's offices. CORNELIUS FROLIK / STAFF

A building on West Monument Avenue that houses the Dayton-Montgomery County ombudsman's offices. CORNELIUS FROLIK / STAFF

Editor’s note: The Dayton Ombudsman Office provides weekly columns to the Dayton Daily News to bring awareness to issues it sees. The column was recently moved to the Ideas & Voices section to help readers identify solutions to common problems in their communities.

A homeowner contacted the Ombudsman about a problem with tree growth negatively impacting her property. The trees are not on her property, but on the curb or tree lawn in front of her home. The tree limbs have grown so that they are now hanging over her roof and garage and obstruct the light from a streetlight. The municipality cut the same tree limbs two years ago, but when she called to discuss the problem this year she was told that the trees are her responsibility. Because the trees are not on her property, she contacted the Ombudsman for assistance.

A department representative had explained to the homeowner that the municipality does not regulate trees. An order may be issued for a dead tree to be removed if it is a safety hazard. Any homeowner can cut tree growth from another property that is growing over their property line. However, this information did not help the homeowner to deal with the offensive limbs.

The Ombudsman contacted the municipality with a description of the property and the tree growth. A consultation with the supervisor took place about the responsibility of the municipality regarding the tree. The tree growth was trimmed within two weeks.

The Ombudsman Column, a production of the Joint Office of Citizen Complaints, summarizes selected problems that residents have had with government services, schools, and nursing homes in the Dayton area. Contact the Ombudsman by writing to us at 11 W. Monument Avenue, Suite 606, Dayton 45402, calling 937- 223-4613, or by electronic mail at ombudsman@dayton-ombudsman.org.

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