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Resident files claim on city over fallen tree

By M.J. STAFFORD 2 min read
OBSERVER Photo by M.J. Stafford The owner of the house at left wants more than $50,000 from the city of Dunkirk, alleging that a tree fell from overgrown city-owned land (in the center of the photo) and damaged his property.

A neighbor of Dunkirk-owned property has filed a claim against the city for allegedly failing to maintain the parcel.

William Harris of 218 Robin Street has filed a notice of claim that he wants $51,968 from the city to pay for "extensive damage to our home and property, including structural damage, tree removal cost, cleanup expenses and other related losses."

Harris wrote that a dead tree on city-owned property at neighboring 220 Robin Street "was not properly maintained or removed" and fell, causing "significant damage to my property."

Harris stated that 220 Robin St. was "believed" to be owned by the city. City Councilman Michael Civiletto stated at the most recent Common Council meeting that he thinks Dunkirk does own the parcel.

Civiletto based his claim on a search of the Chautauqua County Geographic Information System, a Web-based application that allows research of property lines, ownership and tax history.

"We're working with the assessor's department" on that, said Randy Woodbury, city Department of Public Works director.

Woodbury said that as far as he can tell, 220 Robin St. is an "orphaned" piece of land that was probably acquired by the city around 1940, when significant property transfers took place as part of the raising of the railroad tracks along nearby Third Street.

"We'd like to convey it to someone. We'd like to not own it," Woodbury said.

He added, "We've had it for almost 100 years. It hasn't been a problem before, now it's a problem. Let's take care of it."

The DPW director noted, "We have another problem right next to it with the tunnel." The Robin Street pedestrian tunnel under the railroad tracks is in poor condition, filled with trash and covered with graffiti.

Woodbury wants to close the tunnel, and he said the railroad would also like to. However, that's held up -- because according to Woodbury, "an administrative judge" has to issue a ruling to close it.

Starting at /week.