Someone explain to me why?
Printed From: MiddletownUSA.com
Category: Middletown City Government
Forum Name: City Manager
Forum Description: Discuss the city manager administration including all city departments.
URL: http://www.middletownusa.com/forum/forum_posts.asp?TID=1295
Printed Date: Nov 22 2024 at 5:36am
Topic: Someone explain to me why?
Posted By: Pacman
Subject: Someone explain to me why?
Date Posted: May 09 2009 at 8:55am
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§ 660.05 DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN. (a) No owner or occupant of lots or lands abutting any sidewalk, curb or gutter shall fail to keep the sidewalks, curbs and gutters in repair and free from snow, ice or any nuisance, and to remove from such sidewalks, curbs or gutters all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours after any storm during which the snow and ice has accumulated. (ORC 723.011) Why is this the responsibility of land owners in Middletown. The Sidewalk is for the benefit of the Public at Large not the Landowner. The Curbs and gutters are definitely for the Public at large, yet land owners in Middletown are forced to pay 100's of thousands of dollars to maintain what is basically a Public convenience. Why? Why is the City not responsible for the maintenance and repair of these items?I am not talking about shoveling snow or edging or picking up trash, but the physical maintaining of the Sidewalks, curbs and gutters. This surely seems like it could become a hardship for a landowner.
Is this another ordinance that needs to be addressed and placed back where it belongs in the City's lap?
------------- When the people fear their government, there is tyranny; when the government fears the people, there is liberty. Thomas Jefferson |
Replies:
Posted By: VietVet
Date Posted: May 09 2009 at 10:07am
Have never understood that either Pacman. The homeowner's property line ends at the sidewalk. The city owns the sidewalk, curbs, gutters and the grassy area between the sidewalk and the street, yet the homeowner is responsible for the grass cutting and sidewalk slab replacement along the entire frontage of the property. Should we send a " protest bill" to the city every time we mow their property? It will be ignored of course, but I'd still enjoy doing it just one time to make a statement- that they will promptly ignore and send to the trash can. 
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Posted By: John Beagle
Date Posted: May 11 2009 at 11:45am
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I believe that the city owns the sidewalk. The grass strip between the sidewalk and the gutter and the land under the sidewalk is owned by the homeowner. Even though the city owns the sidewalk, the homeowner must repair the sidewalks if they are damaged, keep them free of debris, and shovel and de-ice in the winter. He must also build a sidewalk if the city tells him to (where there is not already one built). The sidewalk is technically on his property. However, the city can and will fine the homeowner if the sidewalk is not free and clear of debris or is in disrepair. ------------- http://www.johnbeagle.com/" rel="nofollow - John Beagle Middletown USA News of, for and by the people of Middletown, Ohio. |
Posted By: Pacman
Date Posted: May 11 2009 at 12:01pm
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John, but why is the homeowner/landowner held responsible for building and repairing Gutters, Sidewalks and Curbing, which is one not owned by the property owner and of no direct benefit to the property owner, but to the Public at Large.
I have never lived in a City that I can recall where this was the case and I just checked with the last two places I lived and both the County and the City were responsible for repairs and maintaining the above mentioned items. I know it is also in the Ohio Code that Cities can do this, but other than sticking it to the landowner....why? ------------- When the people fear their government, there is tyranny; when the government fears the people, there is liberty. Thomas Jefferson |
Posted By: VietVet
Date Posted: May 11 2009 at 12:07pm
John- that information is new. I was advised years ago that the property line for the owner ends at the inner sidewalk line and, that the city owns the sidewalk and all land out to the curb including the small strip between the sidewalk and the curb. Tha home owner is responsible for maintaining the city's property including the cutting of the grass and the sidewalk repairs. Anyway you look at it, it's all one-sided with the city having the advantage.  This is a big  to the public.
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Posted By: Impala SS
Date Posted: May 11 2009 at 12:31pm
| It is the same way in Springfield, the property owner is responsible for sidewalks curbs and gutters. Been that way for years in Springfield. |
Posted By: Pacman
Date Posted: May 11 2009 at 12:45pm
I think the keyword in these Codes is MAY.723.011 Control of sidewalks, curbs, and gutters.The legislative authority of a municipal corporation, in addition to the powers conferred by sections 729.01 to 729.10, inclusive, of the Revised Code, may require, by ordinance, by the imposition of suitable penalties or otherwise, that the owners and occupants of abutting lots and lands shall keep the sidewalks, curbs, and gutters in repair and free from snow or any nuisance. Effective Date: 01-01-1962
http://codes.ohio.gov/orc/729.01 - 729.01 Construction or repair of sidewalks, curbs, and gutters at expense of owners....municipal corporation may require the construction or repair of sidewalks, curbs, or gutters within the municipal corporation by the owners of lots or lands abutting thereon, and upon the failure of such owners to construct or repair such sidewalks, curbs, or gutters within the time prescribed... http://codes.ohio.gov/orc/729.02 - 729.02 Resolutions of necessity for construction or repair of sidewalks, curbs, or gutters....repair to be prepared, showing the location and dimensions of such sidewalks, curbs, or gutters and the specifications for the construction or repair......proposed construction or repair on file as provided by this section; (B) Describe the lots and lands abutting upon the sidewalks, curbs... http://codes.ohio.gov/orc/729.03 - 729.03 Notice to construct or repair sidewalks, curbs, and gutters....governing the construction or repair of such sidewalks, curbs, or gutters are on file, the time within which the owner of such lot or parcel of land may construct or repair such sidewalks, curbs, or gutters, and that in the event such owner does not construct or repair such sidewalks, curbs... http://codes.ohio.gov/orc/729.04 - 729.04 Assessment of costs of improvements....repair of such sidewalks, curbs, or gutters from the owners of the lots or lands abutting thereon, the legislative authority of the municipal corporation may provide for the issuance of bonds or notes and the proceeds thereof shall be used to pay for the construction or repair of such sidewalks... http://codes.ohio.gov/orc/729.05 - 729.05 Assessment proceedings may include different owners on different streets.In all proceedings pertaining to the construction or repair of sidewalks, curbs, or gutters under sections 729.01 to 729.08, inclusive, of the Revised Code, sidewalks, curbs, or gutters upon different streets abutting upon lots or lands owned by different owners may be included... http://codes.ohio.gov/orc/729.07 - 729.07 List of estimated assessments.Upon completion of the construction or repair of sidewalks, curbs, or gutters under sections 729.01 to 729.05, inclusive, of the Revised Code......total cost of such construction, repair, or installation to each lot or land abutting upon such construction, repair, or installation and shall... ------------- When the people fear their government, there is tyranny; when the government fears the people, there is liberty. Thomas Jefferson |
Posted By: Mike_Presta
Date Posted: May 11 2009 at 1:33pm
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Hmm...wonder why the DOWNTOWN property owners didn't have to pay for their own new curbs and gutters???? ------------- “Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012 |
Posted By: VietVet
Date Posted: May 11 2009 at 2:50pm
Technically, as I read this, nothing here stipulates what the sidewalk material is to be made of. Traditionally, of course, the sidewalk has always been concrete. However, since it doesn't specifically call out the type of material to be used, one could use a material of choice and not be in violation of this code. Anyone for a mulch or gravel sidewalk? How about the new plastic sidewalk slabs that they are now being molded. Just buy 'em and lay 'em down where the old ones came out. 
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Posted By: Middletown News
Date Posted: May 11 2009 at 4:24pm
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Also you could do-it-yourself with a bag of sakrete. ------------- Please like our http://www.facebook.com/middletownusa" rel="nofollow - Middletown USA Facebook Page |
Posted By: Impala SS
Date Posted: May 11 2009 at 7:40pm
| Does anyone know anybody with some old red bricks? I will make mine out of brick. |
Posted By: 409
Date Posted: May 11 2009 at 7:55pm
| Impala.....Sadly, There are plenty of them at the old hospital deconstruction site! |