Who is responsible for the maintenance/repair of Centerville sidewalks?
A: The City
B: Property Owners
The answer may surprise you!
Sidewalk, Right-Of-Way Ordinance Changes
The council also unanimously approved two local ordinance amendments intended to specify that property owners - and not City Hall - are responsible for maintaining sidewalks and adjoining rights-of-way near their residences.
The city's existing ordinances are "not real clear as to the maintenance of sidewalks or the maintenance of green space . that that's what these [amendments] are intended to do - clear that up," City Administrator Dallas Larson explained shortly before the council's vote.
Several council members questioned whether property owners should be liable for cracked or broken sidewalks directly outside their homes, for example, with Council Member Tom Lee commenting that at first blush, "that seems like it's not quite fair." However, Larson explained that "it is common" in Minnesota to shift sidewalk and right-of-way maintenance liability "away from the city."
"Many, many cities do it this way. In fact, I'm sure I could safely say that most cities do it this way," Larson said. He also compared property-owner liability under the amendments to that when snowplows disrupt sodding on sidewalk medians. "
It's the property owner's responsibility to replace that, too," Larson said.
After a brief discussion, Lee, too, was convinced about the wisdom of the new sidewalk and right-of-way amendments. "I think this is the right thing to do, even though I'm not too crazy about it," Lee said. "I think this is the right thing to do for the city, anyway."
*The Citizen
Council Minutes 10/11/2006
Amending Chapter 93 of the Centerville Code by Amending Section 9301 Relating to Maintenance of Sidewalks
City Administrator Larson explained that the existing Ordinances were not real clear on maintenance of sidewalks and this is an attempt to make it clear that adjoining property owners are responsible Council Member Lee indicated that he did not realize that residents were responsible for repairs of sidewalks. City Administrator Larson explained that this is typical language of most cities Motion by Council Member Lakso seconded by Council Member Terway to approve Ordinance Second Series Amending Chapter 93 of the Centerville Code by Amending Section 9301 Relating to Maintenance of Sidewalks All in favor, Motion carried unanimously
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6 comments:
How common is this in Minnesota? Where are the facts to back it up? Can I just rip out the sidewalk, since the liability has been "shifted" on me?
It appears the council is making decisions based on opinion and not the facts! Why didn't someone question Dallas Larson on
"Many, many cities do it this way. In fact, I'm sure I could safely say that most cities do it this way,"
Way to stand up for us, Tom Lee. This is NOT the way I want ordinances passed in MY CITY!
This is crazy. How do I know if that sidewalk was put in properly. Did the concrete cure enough? Did the contractor use reinforcing or did they take shortcuts to save money. How long has the sidewalk been there before I moved in? I say we rip all the sidewalks out.
What's next? I'm scared to ask.
Hey, Ticked Off,
I say you got shafted when the liability got shifted! Glad I don't have a sidewalk adjoining my property.
Be careful what you say anonymous number 2. A sidewalk is coming your way. It's just a matter of time and they'll have every street in Centerville with a sidewalk and not have to pay a dime or maintain them because that's all up to the property owner's.Unless we get some common sense in City Hall. Just because it doesn't affect you directly doesn't mean it never will.
Careful anonymous, you may have won the "path lottery"!! Instead of a sidewalk, you could be the lucky winner of a bike path!! How long do you think it will take the current regime to pass on the cost of sealing these paths to the citizens? Another reason we need to elect some new people into the open positions!!
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