Today's Feature Sidewalk Ordinance Near.
The Public
Works Committee reviewed an outline of the
proposed changes to the Citys sidewalk
ordinance at Tuesday afternoons meeting.
The subject of sidewalks has been under serious
discussion since last September, with the City
opting to repair its own sidewalks before
requiring private citizens to repair theirs.
After
researching the policies of other cities, the
Engineering Department has put together the
proposed changes which will include a
reimbursement policy if funds are made available
in the budget. Joe Butler, Engineering Department
Head, plans to have the policy in place for the
new budget year beginning in July.
Under the
proposed ordinance, sidewalk repairs will be
handled in a manner similar to property
maintenance cases. After a complaint or a request
by an owner, an inspection of the sidewalk will
be done. If repair is required, the owner will be
notified and given the necessary information
regarding specifications which must be met and
payment options.
If the repair
is not completed in the specified time, which
will vary depending on the size of the job, the
owner may be issued a summons and the case could
go to City court.
Butler
suggests that the City enter into an annual
sidewalk repair contract. Owners needing to make
repairs may then use the Citys contractor
or choose their own.
If the owner
voluntarily complies with the repair notice, he
or she will be eligible for a reimbursement of
$1.50 per square foot from the City after repairs
are complete and have been inspected.
The plan
presented by Butler also allowed reimbursement if
the City forced the repairs and paid the
contractor. The owner then paid the City through
a tax assessment--the owner would pay the total
cost minus $1.50 per square foot.
"I think
the incentive ought to be only applied to those
who voluntarily repair," said Committee
Member Larry Ross. "If you have to force it,
I think they give up their right to the
incentive."
After some
discussion, it was suggested that the
reimbursement be allowed only if the owner paid
the City within 30 days of billing. If owners opt
to spread the payments over a longer period, they
would not be eligible for the City reimbursement
program.
The City
would also have the option of requiring a large
stretch of sidewalk, such as an entire block
involving several landowners, to be repaired by
going through the Committee, City Council and bid
process. If this happens, the owners would not be
eligible for the per foot reimbursement, but
would be able to pay through a tax assessment. If
the owners involved chose to repair their
sidewalks voluntarily before the City went
through the bid process, they would be eligible
for reimbursement.
Included in
the sidewalk ordinance will be the authority to
include curb and gutter repairs in sidewalk
repair orders if related to the sidewalk repair.
Also included is the authority to have trees,
stumps and tree roots removed if they are in the
right of way and causing sidewalk problems. Only
the sidewalk work, however, is eligible for
reimbursement.
"Were
not going out to pick on anybody," said
Butler, "but if the sidewalk needs to be
fixed and theres a tree there or a tree
root in the walk or curb, then it needs to come
out. And we want somebody to have the authority
to do that without going through Council."
"I can
see thats going to be a major
problem," said Committee Chair Bill Fortune.
"Were going to have people complaining
if someone goes out and says youve got to
remove your tree."
Fortune
suggested giving the inspector the authority to
say that, but allowing owners the recourse of
appealing to an appeals board. Fortune said using
the appeals board rather than the Council would
keep the process from becoming the
"political football it used to be."
Butler and
City Attorney David Mouton will continue to work
on the sidewalk ordinance, and the Committee will
review it in more detail at their next meeting.
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