In Ohio, when part of a neighboring landowner’s tree straddles the property boundary of a property owner, that owner ordinarily has the right to cut the tree limbs, branches and roots back to the property line — provided the overall health of the tree will not be affected. Residents are reminded that open and civil communication between property owners before any such action is taken usually yields the most beneficial outcome. There are two common approaches to these situations. “Halved maintenance” means each neighbor takes care of the portion of the tree that is on their property. Shared maintenance is an agreement between the neighbors to hire a tree care expert and share in the cost of the tree care.

By state law, the city is generally immune from liability for damages caused by trees or limbs falling onto a public roadway, although the city will promptly clear and remove tree debris that falls into the street. For privately-owned trees, liability for damage caused by fallen trees or limbs is normally determined by traditional legal principles of negligence. Ordinarily, when a tree or limb falls, the responsibility for clearing the debris and fixing property rests with the owner of the property onto which the debris landed.

If a resident believes that a neighbor’s tree is putting the property or person(s) on it at risk, they may wish to give the neighbor notice of the situation. This can be accomplished by politely advising them by letter, email, or other writing. The resident may wish to rely on the advice of a trained tree professional hired to view the tree in order to give more weight to the resident’s opinion.

Ownership of bushes, shrubs, and other vegetation is determined in the same manner as that of trees, and maintenance responsibilities are generally the same. Property owners are required to keep all vegetation trimmed and clear of streets, alleys, sidewalks, curbs, and other rights-of-way, and are required to maintain the tree lawn at their property frontage. Grass and weeds must be mowed and maintained at a height of 8” or less.

Citizens are encouraged to resolve tree-related questions or disputes without involving the city. This resolution usually can be accomplished, or at least initiated, by simply making a polite inquiry or request of the other party. If the parties are unable to agree on tree ownership or maintenance, the conflict remains a private civil issue and either party may want to consider consulting an attorney and/or utilizing the court system or mediation services.

Additional information, including fact sheets on “Trees in Oakwood” and “Utility Tree Trimming”, is available on the city’s website at www.oakwoodohio.gov. Residents are also encouraged to contact Horticulturist Brian Caldwell, Code Enforcement Officer Ethan Kroger, or their own arborists, surveyor, and/or attorney with any questions or concerns.

Mayor Duncan asked if he can fully maintain, including cutting down if needed, the tree located in the tree lawn at his house.

Mr. Jacques said that it is the homeowner’s tree, so yes. He did recommend before cutting down a tree to consult with the City Horticulturist.

Mayor Duncan shared that he and his wife have had personal experience with Horticulturist Brian Caldwell and it was a very positive experience.

Mr. Jacques commented that he feels that Mr. Caldwell is one of the hardest working people in the city.

Mrs. Hilton shared that she used to volunteer at the Dayton Mediation Center. She asked if the city offers any mediation services.

Mr. Jacques said that the city does not offer any formal mediation services, however, if someone is interested in getting mediation services, they can contact him and he will refer them to a private mediator. He also said that city staff will help to resolve any issues as well.

Mr. Klopsch commented that Assistant City Manager Jay Weiskircher does a wonderful job in helping neighbors work out differences.

CITY MANAGER’S COMMENTS – Mr. Klopsch provided an update on the following items:

The annual community shred/prescription drug disposal event is scheduled from 8 – 11 a.m. on Saturday, September 30. The city is also working on establishing a 24-7 prescription drug drop off location by the dispatch window at 30 Park Avenue that should be available by the end of August.