What can a homeowner do when the city will not enforce the ordinances on hazardous or diseased trees?

Question Details:

I have proven that my neighbors trees (Siberian Elm) are infested with leaf beetles, wood borers and carpenter ants. and after lab reports they have a fungus (pytophthora) and this is fungus cuts off the water supply to the top; it sheds leaves early, bark and branches fall. Where the roots are on my property everything is dying and the ground is sinking. I have reported this to the public works dept and the mayor and they refuse to enforce the city ordinances on trees. What can I do to get this problem taken care of? The city made me pay for the arborist and lab fees to prove the problem. What are my legal rights?

Asked on 11/10/2009 under: Illinois Real Estate More Legal Topics ▼All States ▼

Burton A. Padove / Law Office Of Burton A. Padove Answered 3 years ago This attorney is licensed in Indiana View Attorney Profile

I am sorry to hear that the city will not enforce its ordinances. There is a casue of action known as a suit for a writ of mandamus to issue that would require the city to do its job. I am posting the Nolo Law Dictionaries definition for your benefit.

mandamus

(man-dame-us) Latin for "we command." A writ of mandamus is a court order that requires another court, government official, public body, corporation, or individual to perform a certain act. For example, after a hearing, a court might issue a writ of mandamus forcing a public school to admit certain students on the grounds that the school illegally discriminated against them when it denied them admission. A writ of mandamus is the opposite of an order to cease and desist, or stop doing something (an injunction). Also called a "writ of mandate."