Sandy victims hit with citation over downed tree

A downed tree rests against the house of Rosanne and Joe Cavaliere in the Queens borough of New York in this handout picture provided to CBS New York station WCBS-TV. / WCBS-TV/Handout picture

NEW YORK Residents in one New York City neighborhood are crying foul after they were written up for failing to clean up the city's own mess in another new complication in the lives of those affected by Superstorm Sandy, CBS New York station WCBS-TV reports.

Rosanne and Joe Cavaliere of Fresh Meadows, Queens, are still trying to clean up from the storm.

They have branches through their roof, busted front windows, and, to add insult to injury, they recently received a citation notice from the city.

"It makes me angry, but it also is ridiculous," Rosanne Cavaliere said.

(Scroll down to watch a report from CBS New York station WCBS-TV)

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They received the notice Nov. 9, cited with "failure to maintain" their property.

But as they pointed out Tuesday night, it's a city tree that they were waiting for the city to remove.

"It was over two weeks before someone came and removed it from the house, and we were patient enough, you know, for that, but then to just be slapped with a violation," Joe Cavaliere said.

The city's Department of Buildings said the citation is a mere formality. It's a way to keep track of all downed trees.

But the Cavalieres said it's a permanent mark on their property that they want removed from the records.

"They're not only upset, they're insulted. And they're nervous, they're scared. They don't know what's going to happen as a result of having this violation," said Elaine Young of the local neighborhood association.

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Buildings Department spokesperson Ryan Meredith FitzGibbon released the following statement:

"We have been working closely with property owners as they prepare to rebuild, and part of our process is documenting the damage that has occurred. These violations do not carry any monetary penalties, and if any homeowner has a question, please call 311," the city's non-emergency, information number.

But that explanation didn't fly with the Cavalieres.

"I want the violation off my house, off my record, and all our neighbors," Rosanne Cavaliere said.

The Department of Buildings said, for now, the citations will stand, but the Cavalieres said they'll continue to fight to get them removed.

State lawmakers have sent letters to Buildings Commissioner Robert LiMandri demanding the violations be withdrawn.

[johnbuller]

That sounds like 'business as usual' for urban areas. Someone broke all the windows out of the front of our house. The police couldn't do anything about that; but, when we didn't get the windows fixed as fast as the city thought we should have they issued a citation==THAT they could do something about!!

[nygurl1]

An awful lot of comments from those who don't live in the NE and have no idea what it is like there.

They also all seem to be smarter than anyone in NY!

Bunch of know-nothings as usual.

[ammo17]

over here in kearny n.j they were giving out parking tickets even thought the streets were covered in tree parts a foot of leaves and snow.with no warning to the people that they are going to resume street cleaning.oh yeah the sweeper never showed up to clean the street.

[85fr15]

Where's this quick response by the federal government that the media touted? I gave Obama the benefit of the doubt in that his response was genuine in the face of the election....was it really only campaign PR...I guess I am to naive to expect more.

What really sucks for me is that I stood with Christie when The Jersey governor sidled up to Obama during his "here I am to save the day" visit...I should have known that the east coast was headed for a face plant via Obama.

Kudos to the Obama campaign though.....played me any thousands of others like a bass fiddle!

[nygurl1]

Do you truly believe the government is a wizard that can wave a magic wand and make everything better?

Are you truly stupid enough to believe THAT much destruction, can be fixed over night?

Have YOU done anything to help yourself?

Or are you just another rep who is pisssed because you lost?

[gpx21dlr]

"I'm from the government and I'm here to help you." One of the 3 top cliches used.

[mrrevenge]

your doing a great job brownie.

[mjvwsr]

Soon these same bureaucrats will be running our healthcare. Can't wait.

[rwsmith29456]

I am myself outraged at this unjust foolishness, especially since I've been through a major and widespread disaster myself. They people that are issuing citations don't have enough to do, so they should be out in this family's front yard with chain saws and trucks and remove the tree themselves before they give out any more citations.

[bobnjersey]

["They're not only upset, they're insulted. And they're nervous, they're scared. They don't know what's going to happen as a result of having this violation," said Elaine Young of the local neighborhood association.]
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sounds a bit dramatic elaine.

[barryawallacejr]

Ha ha! Good point Bob...it did seem a bit dramatic. But receiving a citation for something that isn't their fault does seem kind of extreme. I think the city can come up with a better way to track and document damages besides receiving a citation for something that really isn't their fault in the first place.
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[enoughsaidu]

I see the home owners point. They me need a loan or some extra insurance or some thing in the future and be denied because of the invalid violation. They can explain till they are blue in the face but once on their record no one will care it is just a out for the banks and insurance.