Editor,
I thank alderman Mitchell for calling attention to my billboard in Clifty. Mitchell complained bitterly about the billboard two weeks ago but took no action. I put that billboard up to provoke a conversation after my pleas to city council fell on deaf ears. Citizens are learning they are responsible for sidewalk repairs, and while they are concerned about the condition of the sidewalks they are outraged that they have to pay out of their own pockets.
We have sidewalks that are impassable by the mobility impaired, infant carriages and even abled people. We have a dated sidewalk survey which was only done only in the historic district and done in such a manner that many of the properties could not be identified because of nebulous locations such as “66 feet at #38” or “57 feet empty lots.” It isn’t possible to cause a printed or written notice to be served on the owner of the premises without an address. The survey needs to be brought up to date and done address by address. It can be a phased study done over a five year period so as not to strain city resources.
What can we do about the sidewalks without imposing economic hardship on citizens and property owners? Revisit Sidewalk Ordinance 2116 that leans heavily on punishments for failing to repair the sidewalks. The mayor is loath to enforce it, but no enforcement is a mistake. In 2003 the Supreme Court in Barden v. Sacramento held the city responsible for years of failing to enforce the sidewalk code and placed the responsibility for repairs firmly back on the city rather than citizens although Sacramento had an ordinance much like ours. The City of Sacramento had to agree to assign 20% of their transportation funds for the next 30 years to improve the sidewalks.
There are incentives, such as rebate programs and repairs at the point of sale. Rebates offer to match or pay a flat amount to property owners with proof of repairs. We see this council and mayor willing to appropriate $30,000 for Code Enforcement so we know there is money available to for a rebate program.
Los Angeles, whose citizens are also responsible for the sidewalks, uses a Point of Sale program, requiring a Certificate of Compliance included in the escrow documents at sale. Using rebates and Point of Sale incentives can avoid a lawsuit and turn our sidewalk problem around in a decade.
Joyce Knowles