Property owners in northwest Lawrence must soon begin repairing sidewalks

photo by: Nick Krug

A crumbling section of a Lawrence neighborhood sidewalk is pictured in this file photo from Feb. 28, 2018.

Some property owners in northwest Lawrence will soon be getting notices from the city asking them to repair their sidewalks.

City staff estimates that millions of dollars in sidewalk repairs are needed throughout Lawrence, and the city was broken into eight zones to begin enforcing the city’s long-standing ordinance. The ordinance requires property owners to repair hazardous sidewalks adjacent to their properties, and certain homeowners could be eligible to have the city pay for all or part of their repair costs.

Municipal Services and Operations Program Specialist Mark Thiel said repair notices for the first zone will be sent out March 11. Property owners have 60 days to have repairs made themselves, or they can choose to have a city-hired contractor make the repairs and receive the same pricing as the city, according to the city’s sidewalk repair enforcement policy.

“At the end of 60 days, if the property owner hasn’t made the repairs, the city is going to condemn the sidewalk and make the repairs for the property owner,” Thiel said. The city’s policy states that if property owners do not pay the bill for that work within 30 days, the amount will be added to their tax bills.

The city has set aside $800,000 as part of this year’s budget for financial assistance. Financial assistance is available on a first-come, first-served basis, and Thiel said property owners can apply for assistance as soon as they receive their notices. Residential properties that are owner-occupied and make 80 percent or less of the median family income could qualify to have the city cover the full cost of repairs. In addition, for residential owner-occupied properties that have two or more adjacent sidewalks, owners will only have to pay for half of the repair costs regardless of their income.

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The first inspection zone includes properties generally west of Wakarusa Drive and north of Bob Billings Parkway, according to a summary from city staff to the Transportation Commission. Sidewalk inspections completed by city staff in the area identified 430 hazardous defects. Thiel said most properties only had one sidewalk defect, but that there were some properties that had multiple.

The policy states that a defect in a sidewalk qualifies as hazardous if there is a horizontal or vertical separation in the sidewalk or vegetation obstructing the sidewalk. The city is responsible for repairing defects caused by city infrastructure, including sewer manholes, water valves, traffic signal equipment and tree roots from trees planted as part of the city’s street tree program. If the city contractor makes the repairs, the hazardous area of sidewalk will be completely removed and replaced.

The new repair notices come after a long debate at City Hall as to how the city would implement the sidewalk ordinance, which has been on the books for decades but was never fully enforced. Previously, the city did inspections and sent repair notices on a complaint basis, but did not take further action if a property owner didn’t comply. In March, city commissioners directed staff to proceed with the new administrative policy that details how the city will systematically enforce the ordinance.

The city is still responsible for making repairs to sidewalks adjacent to city-owned property and for ensuring sidewalk ramps comply with requirements of the Americans with Disabilities Act. However, several local groups, including the Lawrence Association of Neighborhoods, came out against the policy, saying that all sidewalks are public infrastructure, and called for the city to take on responsibility for sidewalk repairs or come up with a way to fund repairs that spreads the cost equally among residents.

The city began implementing the new enforcement policy in a newer section of town that would have fewer repairs than older areas, and indicated the amount set aside for financial assistance will have to be re-evaluated every year as part of the budget process. Thiel said it has not yet been determined which zone of the city will be inspected next year.

The city will be soliciting bids for sidewalk repairs in March, and repairs will be made throughout the spring and summer.

photo by: Nick Krug

A cracked Lawrence sidewalk is shown in this file photo from October 2016.

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