Tree Roots and Pavement or Sidewalk Damage

[a guest]

Would a deficiency be considered a level 3 deficiency when a tree is uprooted near a sidewalk causing
damage to the pavement or sidewalk? Is it safe to say it’s depending on the size of the damage to the
pavement?

[Michael]

You have not named a defect, you’ve only said Level 3, so we have to consider what defects could result. There could be a Trip Hazard, which is always Level 3, if the sidewalk is cracked and heaving by ¾ inch. There could be a Level 3 Broken Missing Handrail issue if the handrail is damaged. There could be a Level 3 erosion/rutting issue if there is a big hole in the ground. However, there is no such thing as a Level 3 sidewalk defect other than the handrail issue. And, there is no specific defect for an uprooted tree. If the uprooted tree has caused damage to a paved area that is part of a parking lot, driveway, or road, then that could be Level 3, but as you say, it will depend on whether or not the inspector believes it causes an unsafe condition.