Brentwood family cries foul over flock of federally protected birds that swarmed them

BRENTWOOD, Calif. (KGO) -- A Brentwood family is crying foul after dozens of protected birds nested in a city-owned tree that overhangs their property. The family says the city isn't doing enough to clean up the potential health risk the birds created.

RELATED: Brentwood family terrorized by flock of nesting birds

More than 30 birds -- egrets and herons nested in the city-owned tree next to Danielle Witrykus' backyard.

ABC 7 showed you the problem in a story earlier this month: feces, dead birds, and dead fish. The flock's filth held the family hostage.

"It was about the June time frame that we had to stop opening our windows because the smell was so bad we were afraid for our children especially to be breathing that kind of smell,? said the mother of two.

There was nothing the family could do about the federally protected birds at the time. Now that the birds have migrated city workers trimmed the tree, but the remaining bird waste concerns the family.

"You can feel it in your nostrils. It's almost stinging, especially when it's very warm or the dust is picked up you can feel it heavy on your chest,? said Witrykus.

ABC 7 spoke with Brentwood's mayor. He admits there's a tangled nest of government agencies involved from the bird's federal protection status to the state's department of fish and wildlife.

"There's a lot of pass the buck and not wanting to deal with it," said Witrykus.

She wants the tree gone so the birds don't come back next year. She's meeting with the city's parks and rec director Monday. The family says the first two summers they lived at the home the tree was empty.