Trapped in a tug of war with the city over a tree no one seems to own and a sidewalk the city says is in need of thousands of dollars in repairs. That's the predicament a Kaneohe resident found himself in, when he decided to turn to Action Line.
After more than a year of letters, E-mails and phone calls with several city departments, the family called Action Line.
Steven Fong's nightmare started last August when he received a Notice of Violation from the city about a tree.
"They said remove the tree because its unauthorized and you know I said its not my property first of all and then secondly how are we to know if it's a city tree or not," said Fong.
The 20-foot Octopus tree was growing in a grass strip near his home.
"We didn't plant it, the city says they didn't plant."
City inspectors said roots from the "unauthorized tree" were causing a portion of the sidewalk to crack, creating a hazardous condition. Even Mayor Mufi Hannemann sent a letter to the family saying there were "roots above the sidewalk grade and cracks in various areas of the concrete sidewalk."
"They said remove it at your expense and repair the sidewalk whatever the damage the sidewalk is at your expense or we'll do it and then we'll bill you guys," said Fong who questioned the city's ordinance that a homeowner must maintain the area near a sidewalk. Still, he agreed to remove the tree at his expense. He then proposed a deal with the city.
"I'll take the tree at my expense, even though its city property, not my tree and you guys take care of the sidewalk at your expense," said Fong. "I had talked to the inspector and she had agreed and it was all verbal and I thought it was all done with."
In April he received a letter he wasn't expecting. It stated work will consist of "reconstructing 128 square feet of damaged sidewalk at an estimated cost of $3,460." He would be billed later.
"I don't know if I trust a 35-hundred dollar estimate from the city."
11 days ago he received a similar letter.
"They are claiming that its from this point I believe roughly 30 feet of the walk and they got to remove the whole thing and then re-pour," said Fong. "Everybody is kind of wiping their hands, city not taking any responsibility at all."
Friday afternoon the city took responsibility and issued this statement: The City apologizes for any confusion and inconvenience it has caused for Mr. Fong, and has assured him that the situation will be reevaluated. It is likely the City will reconsider its position, and will notify Mr. Fong of a final decision next week."
Fong hopes coming forward will help other families and he thanks Action Line for making a difference.
