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HomeMy WebLinkAboutRe_ Status of the overhanging hazards_1.msgI forgot to ask for a "wet" signed copy of the rejection letter for legal purposes in any pending lawsuit that I will pursue as I do have permanent damage to my neck. Walt P. On Fri, Nov 19, 2021 at 12:58 PM Gizmo Man <gizmo007man@gmail.com <mailto:gizmo007man@gmail.com> > wrote: Yesterday, I received an unsigned letter from Laurie Stroud, Senior Claims Examiner stating that "your claim has been rejected based on the fact that the tree in question was open and obvious. You failed to keep safe look out while walking to ensure your safety." I am asking you as the ADA coordinator for the city of Palm Desert is this the final decision of the city? The ADA, as well as other federal construction guidelines require that trees have a minimum safe passage of 6 feet 8 inches of clearance. The ada under its protrusion requirements, require any protrusion over 4" with a minimum height of 27" to 80 " be provided for the public at all times regardless of their status of either being handicapped or not. ( I called the DOJ and spoke to one of their volunteer staff). I can go on to cite the city's own published statements on how they protect the public and comply with the ADA. You also state you follow the nationally published desert pruning standards . The point is I am a disabled person with an issue that requires me to be constantly looking down to find any differences in the surface I am walking on due to a condition called foot drop. I am unable to lift my left foot like a "normal" person. If I catch any uneven surface I fall or trip. My knees and hips are both injured from the number of times I have caught my foot on an uneven surface. The fact that Ms. Stroud stated "you failed to keep safe look out while walking to ensure your safety." is NOT the standard set by the ADA or other Federal construction requirement or the Desert pruning manual. It is up to the owner of the property to ensure that the roadways and sidewalks are free from obstructions and protrusions. I was told in essence in a second letter to file a court action. So Is this the way the city wants to go? Ignore the fact that it failed to protect the residents and its visitors? Failed to follow the ADA. Failed to have an encompassing ADA program. Failed to follow the desert pruning standards? I haven't looked at whether state laws/requirements have been violated, but normally, the state is much more restrictive than the federal gov't in these matters. What would Ms. Stroud have told me if I was a BLIND person. It was my fault for not using my cane to feel above me instead of below me. Let me know ASAP so I can proceed . Walter V. Pisarczyk 360-909-6515 On Fri, Oct 1, 2021 at 4:03 PM Gizmo Man <gizmo007man@gmail.com <mailto:gizmo007man@gmail.com> > wrote: HI: Was wondering if any action has been taken by the city to eliminate the overhanging hazards i.e. the large branches at Freedom Park. Thanks for any information you can provide. Walt P.