JERSEY CITY -- A Jersey City homeowner is afraid a massive tree in his backyard will crash onto his neighbor's home and kill someone -- but his neighbor refuses to allow him to cut it down.

The tree in the backyard of Andrew Olszewski's three-story building at 270 Griffith St. is tipping to one side, with the roots starting to protrude. Olszewski knows it's an issue that must be resolved, but he says the owner of the building next door doesn't seem to care.

"I don't understand. Does he not care that his tenants could be in danger?" said Olszewski, referring to Badr "Bob" Guirguis.

Olszewski, the owner of Jersey City Free Books, said he must get on the property at 268 Griffith to cut down the tree. But Guirgius won't allow him access, and one confrontation led to Guirguis calling the police and Olszewski being issued a summons for trespassing.

Olszewski is scheduled to appear in court on April 30.

"I look outside every day and I get nervous," Olszewski said. "I don't know where his tenants sleep, but if that tree were to fall, it could really hurt someone."

Approached at his home, Guirgius refused to comment on the dispute.

Olszewski said he alerted city officials to the problem in December, but found no relief until The Jersey Journal inquired about the issue last week.

An aide to Councilman Michael Yun told Olszewski that the dispute was a private matter and should be worked out by him and his neighbor.

But today Althea Bernheim, director of the city's resident response center, notified Olszewski that the city housing code director will make sure Olszewski has access to 268 Griffith to cut down the tree.

"I very much appreciate the efforts made so far and right now I'm guardedly optimistic that there's been progress," said Olszewski.

Since December, Olszewski, 58, has been cutting down smaller branches -- with a hand saw -- that he could get to in his own yard. But when he tried to work his way to the branches that leaned onto his neighbor's yard he was warned by Guirguis to "stay on his own property."