Walking on Dollars
(Saving for Sidewalks) Stuart Wilkinson, RS
Sidewalks provide us the freedom to move freely about our cities and neighborhoods. They are an element of our communities that we take for granted and typically don’t think twice about. More often than not you will find a sidewalk in front of your property running parallel or perpendicular with the street. What most associations and property owners fail to recognize is the responsibility that accompanies having this type of street improvement or convenience so close to home.
So who takes care of the sidewalks?
Most people would assume that the city takes care of and maintains the sidewalk abutting their property. In some cases this may be true, however for a number of property owners around Washington State this is not the case. In the City of Seattle, sidewalk repair and replacement rests with the property owner. In Seattle, the Municipal Code, Title 15.72, requires that “property owners keep the sidewalk adjacent to their property fit and safe for the purposes of public travel. As such, property owners must repair cracks and other damage to the sidewalk as well as ensure that snow and ice do not pose a hazard to pedestrians”(
http://www.seattle.gov/transportation/ stuse_faq.htm). A similar situation is faced by residents in the cities of Everett, Kirkland and Longview. For these cities and many others, property owners are responsible for the stretch of sidewalk abutting their property, and must keep it in a safe condition free from defects.
What to look out for?
The City of Kirkland identified tree roots as one of the main contributors of sidewalk damage in the city. The same can be said for many regions, as tree roots can cause concrete to heave, lift or crack. However, damage can occur for any number of reasons.
What you need to look out for are surface level defects that might cause a trip hazard, including surface level disparities, cracks or fissures. If you notice any of these problems you should take the appropriate action.
Who pays?
In cities where responsibility lies with the property owner, they must bear the costs in relation to repairs to the public sidewalk abutting their property. It should be noted that the city will sometimes share responsibility with the homeowner if the cause of the damage is City ‘tree-related.’ However if the city is prepared to undertake the repairs, be prepared to wait. The City of Everett is so overwhelmed with requests that ‘the waiting time may be as long as eight years’ (
http://www.ci.everett.
wa.us/default.aspx?ID=1004).
What action do I need to take?
• Depending on where you live, you should clarify your particular situation and review the city’s guidelines. Typically the city website provides a great starting point. The website usually offers information on the city’s policy for sidewalk repair, and if you are lucky, may even give guidance in relation to your responsibilities. Although if in doubt, a quick call to the relevant city or government department will also provide you with a wealth of information.
• Survey and review your sidewalk. Periodically take the time to look at the condition of the sidewalk identifying deficiencies, surface disparities, trip hazards and other potential problems. If problems are noted, take the necessary action to report and repair the issue (If you are looking to schedule repairs, always check with your city first).
• If needed, incorporate sidewalks into your ongoing program of preventative maintenance and repair. Include a reserve item for minor sidewalk repair in your reserve study, or budget for anticipated repairs through your annual operating budget.
In any case, property owners need to be aware of their responsibilities even when it comes to something as simple as a sidewalk. One needs to consider the liability and cost associated with keeping the sidewalk in good working repair.
may/june 2011 | Community Associations Journal
19
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