Dayton City Council passed a comprehensive sidewalk maintenance ordinance on Tuesday, as well as a resolution that further outlines the city’s policy on the topic.
The ordinance lists the duties of property owners and the city regarding the maintenance of sidewalks and curbs and lays out the notices, citations and fines associated with violations.
Property owners are responsible for the upkeep of sidewalks (and curbs) abutting their property. This includes repairing holes, uneven surfaces and other defects. It also requires property owners to keep sidewalks and curbs free of any obstructions or cover, including soil, grass, weeds, plants, trash, debris or other impediments.
Those in violation of the ordinance will first get a notice from the city’s code enforcement department and could be subject to civil penalties if the problem is not corrected.
Concern over penalties
The penalties are the same as for other violations of city code. Fines for uncorrected violations are between $100 and $500 per day per violation, the cost for the city to fix the situation or both. Each day the violation continues is considered a separate offense up the maximum of $5,000 per citation.
If penalties are not paid, the city could put a lien on the property until all penalties, charges, attorney’s fees, or other costs associated with the violation are paid.
A city resolution was also passed that provides more details on the sidewalk policy and the process for property owners who need help correcting violations.
Before voting on the ordinance, council member Beth Nyman said she was concerned that the fines seemed too harsh.
“The fines seem a little steep. It starts with not less then $100 and up to $5000 per offense,” she said. “This is weeds or it’s holes or it’s cracks; you don’t list what the offenses are…I think there should be much more detail when you’re talking about that kind of money. This sounds like you-could-lose-a-house kind of money. And I think you should be very specific on what the offenses are,” said Nyman.
Options for property owners
A discussion of the fines, their purpose and how they are set followed. City Administrator Jay Fossett said the fines were the standard ones set for all city code violations. He explained that property owners are given time to comply and that city staff would work with anyone who asks for help.
He also noted that the city has added a cost-sharing program as part of the new budget proposal. A city sidewalk grant would be a 50-50 match up to $2,500 to help low-income property owners.
Code Enforcement Director Cassie Patterson said property owners receive a notice that explains what the violation is and how to fix it, as well as timelines involved and the appeal process. Property owners have opportunities to appeal penalties or liens, yet, she said, she invites them to contact her and work things out before that. She said she would work with property owners, give them more time, help with finding a contractor or help them find other ways to address the issues.
Nyman said she was concerned some property owners would not reach out and might rack up penalties because they are confused about the situation, going through rough financial times or are otherwise unable to address the problem.
“Speaking as a retired widow, “ said resident Collene Heeg “…I know that if I got a citation I would freak out, and I would want to know that [the code enforcement director] would talk to me, and she will help me work it out.”
Patterson said she would look at the letter she sends with notifications and make it clearer that she wants property owners to contact her for clarification or help. She said she would add more information and bring the revised notice to council for approval.
The ordinance passed with a vote of 4 to 1. The sidewalk ordinance and policy will soon be available on the city’s website.