Unsafe Sidewalks

sidewalkMr. Kisela:
Can you please advise the city’s LEGAL OPINION as to their responsibilities and where the line is drawn.
If memory serves me correct, at our meeting you advised that the city has the responsibility from the edge of the front lawn to the street as city owned (and maintained) right of way and maintenance.
What is occurring now, is that the city now some 15 years down the road is having to pay for what was approved by the then city council, mayor, city manager, planning board etc. when the Town Park Subdivision plans were approved with the raised curbing, narrow streets and tree lined right of way.
Legal action is something nobody cares to do but I think some have been mislead in that they will have to pay for curbing repairs and areas that LEGALLY the city is bound to maintain.
RC
unssafe

From: cadpal@aol.com
To: mjanderson@port-orange.org
CC: dburnette@port-orange.org
Sent: 4/21/2014 10:18:54 P.M. Eastern Daylight Time
Subj: Question

This is a tricky one. I have been approached by a couple of Town Park residents who have an issue with the curbing and driveway apron area. The ongoing tree root issue has begun to lift the raised curbing where the curb meets the paved city street. Where does responsibility fall (legally) on this ? Seems like it’s city maintenance. A couple of curbs have a separation of a few inches now where the curb has begun to raise from the street.
Also, with the good job underway on the sidewalks, there is the driveway aprons that are a part of the sidewalk if one is walking on them. Same deal, it really is city right of way but it’s tricky. If the liability is rectified in repairing the actual city sidewalks and then a raised area is on the apron area (where it connects with sidewalk) nothing has been accomplished fully.
I know this isn’t what you want to hear but one owner has talked of consulting an attorney. All of the area mentioned is from the end of homeowners front lawn to the paved street area. I can give a couple of specific addresses if desired. One individual has spoken with Mary recently. He was told that the curbing as well as driveway apron are not city maintenance issues. I don’t buy it – at least the curbing part.
One further question: the paved streets in Phase one of Town Park are approximately 14 years old now and on initial pavement. Where do they fall on the long range city repave schedule ?
Randy Cadenhead
Sent from my iPad=

2 thoughts on “Unsafe Sidewalks

  • April 24, 2014 at 11:22 am
    Permalink

    Randy:
    Margaret and I have not had an opportunity to discuss your questions. I hope to be able to do it this week.
    Greg Kisela
    City Manager

    Reply
  • April 24, 2014 at 1:34 pm
    Permalink

    Greg: The opinion of the City Attorney may not be needed the Public Works Director already provided her legal opinion,
    ( One individual has spoken with Mary recently. He was told that the curbing as well as driveway apron are not city maintenance issues. I don’t buy it – at least the curbing part)
    Gary

    Reply

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