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City officials assured a Llyswen couple recently that the Public Works Department will continue to be in touch with them in connection with the longstanding problem of big, unstable trees on an unopened section of West Holmes Avenue next to their property.
Tony and Kelly Deely of the 100 block of Wordsworth Avenue have dealt with issues on the 60-foot wide right-of-way for 40 years, including, in more recent times, trees that have fallen, including one that smashed their fence; a large tree that has tilted to a 45-degree angle and others that are threatening to fall, Tony told City Council at a meeting.
While Public Works staffers have been helpful and understanding recently, the response overall from the city through the decades has been unsatisfactory, and if something isn't done before long to protect his house and grounds, the city could face legal action, according to Deely -- who ultimately may not have Pennsylvania law on his side.
"It's on the public record now," Tony said, referring to his presentation to council.
A couple council members at the meeting told Deely that it was the first they heard about the issue.
After the meeting, Kelly Deely showed a picture of her damaged fence with a tree on top, and during the meeting, Tony Deely spoke of the potential that a falling tree could destroy their house or even kill someone.
The right-of-way contains Penelec power lines, Altoona Water Authority water and sewer lines, a Peoples Natural Gas line and possibly TV and internet cables, according to Tony.
Work on a sewer line a few years ago may have damaged the root systems of some trees, accelerating their decline, according to Tony.
Several weeks ago, based on an email from a neighbor and on provisions of the city's hazardous tree ordinance, the city removed a tree from the unopened right-of-way, said Public Works Director Nate Kissell.
City officials have talked with Penelec's forester about the situation, Kissell said.
Possibly Penelec could help, suggested City Councilman Dave Butterbaugh.
But the line that runs through it is only a secondary line, Kissell said, suggesting that maintenance of the easement wouldn't take as high a priority as a larger line.
He wants to be "part of the solution," but will be "obnoxious and aggressive," as well as litigious, if necessary, Tony Deely said.
Following the meeting, at least two council members contacted the Deelys at their property so they could see for themselves, Tony said.
According to Pennsylvania law, after 21 years, the dedication of a street expires if it hasn't been opened for traffic, states an online source.
Ownership of the right-of-way then automatically reverts to adjacent property owners, with such ownership extending from the edges to halfway in, according to the source.
"The municipality has zero ownership, control or maintenance responsibility," at that point, according to the source. "The abutting owners own their respective halves outright, making them responsible for conditions like trees and debris."
Mirror Staff Writer William Kibler is at 814-949-7038.