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STOCKTON-

A Stockton resident is assessing the damage at his home after a tree came crashing into his kitchen Wednesday afternoon.

The tree that came crashing down into the home is a Heritage Oak Tree and this is where the issue lies – it’s a tree protected by the city but ended up as a danger for the the Rubianes’ family.

“We heard this big bang,” Rubianes said.

That loud sound, is a Heritage Oak tree. It’s taking stock in Raymond Rubianes’s home, a house he’s loved for 15 years, and is now damaged by a protected tree.

“Scared us both (he and his wife) because we had a feeling this was going to happen,” he told FOX40.

The two were eating lunch in their bedroom when the tree came crashing down. Both safe, but shaken.

“I thank God that Raymond and I are alive,” Rubianes’ wife told loved ones who visited and comforted the couple Thursday morning.

Rubianes claims he’s been trying to get clearance from Stockton officials to trim and maintain the tree for years.

“They were passing the buck. I asked somebody, ‘Oh, you got to call this other person.’ I call the other person, ‘Oh, you have to call this other person,’” Rubianes said.

An allegation that the City of Stockton denies.

City spokesperson Connie Cochran told FOX40 Rubianes’ always had the option to trim and maintain the tree himself. She added the only permit he needed to get a hold of is for the tree’s complete removal.

“I had been wanting to cut it down but I was unable to cut it down because the city didn’t allow me to,” Rubianes said.

His family claims he’s been trying to do so for years.

“I know it’s still dangerous, with that danger, we got a big piece still over the house on this side,” Raymond Rubianes Jr., the homeowner’s son, said Thursday.

Rubianes told us he does have insurance and he and his wife will be staying at a hotel for now while the house they loved so much is not safe.

“This is material stuff,” the wife said to neighbors.

The Rubianes family said they’re just grateful no one was hurt.

“We loved it and this was going to be our home. Even now, we’re going to continue living here,” Rubianes said.

He added there will be a crane coming Friday to remove the trunk from the home.