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Property owner accuses city code enforcement of overreaching, plans to sue

Who is responsible for the neighbor's tree and damage from its branches? It is an age old question. One that is now at the base of a dispute between a property owner and the City of Jacksonville Code Enforcement Division.

JACKSONVILLE, Fla. — Trees are natural in the landscape on Camille Street. Pete Vansandt, a realtor, owns property in the neighborhood. He has been cited by the City of Jacksonville Code Enforcement Division.

"Because they're saying it is my tree," he said.

Vansandt has been in a dispute with the city's code enforcement division over the tree.

"You can go to any insurance agent or real estate person who has been studying law," he said. "They will tell you that if the tree is green then where it goes over their property is not on your property."

The key word in his argument is green, why? The city's code enforcement said it is dead.

Action can be taken on issues where the tree is dead or dying and is a threat to public safety.

Lee Bray, Vansandt's neighbor, complained of code enforcement. They inspected and issued a citation to trim the branches.

"Anything that goes over his property that is green and then dies is his responsibility," said Vansandt.

He trimmed a section of the tree but not the portion over the neighbor's property. 

After he failed to comply with the citation, the city hired its own contractor, trimmed the tree and hit him with the bill, or a lien.      

"I've got an attorney, I'll take them to court," he said.

Bray said his complaint to code enforcement is legitimate.

"As far as I'm concerned, if you get hit by a branch that darn big, is that legitimate?" he said, "All I did was register the complaint."

Bray's said it is not his tree. 

Complaints about the city's code enforcement division are not unusual, neither is fighting back.

Vansdant said he has fought them before and won and he will fight them again over the recent action.

On Your Side reached out to the city for history and comment and was provided this information.

The City's Municipal Code Compliance Division (MCCD) cited the property at 5042 Camille Street last year on 7/13/2018. The complaint originated from a neighbor due to limbs falling out of the tree at 5042 Camille into the neighbor's yard. MCCD cited the subject property (owned by Mr. Vansandt) for "dead/dying trees, limbs, branches, or parts" under chapter 518.202(13). Certified mail was sent to Mr. Vansandt at the address of record as listed in the Property Appraiser's records., as well as a placard affixed to the front door of the subject property. The property was re-inspected on 8/22/2018 and an additional notice was left (also affixed to the front door). This notice advised that the issue would be forwarded for abatement. Per the case comments, the work order was issued by the Mowing and Maintenance Division to a tree contractor on 10/18/2018 and the dead/dying limbs were removed by the City's contractor on 11/27/2018.

As to the questions posed below, if there are healthy limbs overhanging a neighboring property, then it would be the neighboring property owner's responsibility to trim those limbs as far back as the property line.  In cases such as this one, where there are dead/dying limbs on a tree, it is the responsibility of the owner of the tree to take corrective action.

Code Enforcement acted appropriately in citing Mr. Vansandt for the violation and lien placement against Mr. Vansandt's property for the cost of abatement plus administrative charges. Mr. Vansandt was afforded due process to take corrective action before the City contracted to have the limbs removed.

Mr. Vansandt can contact the City's Accounting Division to discuss any available payment arrangement options on the nuisance abatement lien. 904-630-2935

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