Legislation is in the works to protect homeowners from mishaps made by the Department of Transportation.

Jamaica Estates resident, Michael Hannibal, re-did his side-walk and drive way back in 2014, a year later the city re-paved Hannibal's street without putting in a proper curb height.

As a result, the street is now level with Hannibal's side walk and causes flooding on his property when it rains.

For more than year, he has been going back and fourth with the city seeking reimbursement for the work done by the DOT to prevent further damage.

Council Member Rory Lancman's proposed legislation that would require the DOT to ensure that curb heights are maintained when constructing curbs, gutters, or sidewalks.

"All of this could have been avoided by simply milling properly or taking consideration where the current curbs are," said Hannibal.

"If you are a home owner and you spend money on your curb and all of a sudden the city comes along and now your property is getting flooded cause your curb isn't working the way it should, it is a big deal," said Lancman.

Council Member Lancman is waiting on a hearing for his proposed bill.