Some City Sidewalks In Serious Condition ...
Can the Staff at the City address the dilapidated condition of our sidewalks?
The state of these sidewalks poses a grave health hazard. This author is aware of two serious injuries caused by
these broken sidewalks.
A quick survey of the sidewalks, as revealed by over 30 pictures (all taken by this author on 7/29/2006), demonstrates that there are a number of sidewalk areas in desperate need of repair. Though the pictures may not depict the hazard, some of these uneven and broken elements are as great as a measured two inches. Given our geriatric community, such a lip causes a trip – as has already occurred causing serious injury.
The immediate addressing of this issue would be greatly appreciated, and as such would eliminate a safety hazard.
For more pictures,
CLICK HERE FOR MORE DILAPIDATED SIDEWALK FULL-SIZED PICTURES.
The state of these sidewalks poses a grave health hazard. This author is aware of two serious injuries caused by
these broken sidewalks.A quick survey of the sidewalks, as revealed by over 30 pictures (all taken by this author on 7/29/2006), demonstrates that there are a number of sidewalk areas in desperate need of repair. Though the pictures may not depict the hazard, some of these uneven and broken elements are as great as a measured two inches. Given our geriatric community, such a lip causes a trip – as has already occurred causing serious injury.
The immediate addressing of this issue would be greatly appreciated, and as such would eliminate a safety hazard.
For more pictures,
CLICK HERE FOR MORE DILAPIDATED SIDEWALK FULL-SIZED PICTURES.
posted by Mario R. Sanchez, Ph.D. at
9:04 PM
|
Number of Comments: 5
CLICK HERE TO VIEW&POST COMMENTS
5 Comments:
I'm not sure many Marco residents know it, but about a year ago (maybe it was a bit more recently) our City Fathers transferred the maintenance and liability for accidents on sidewalks from the City to the homeowner. Previously, the City maintained the sidewalks and accepted liability if someone tripped. Now it's up to you! Hope you have enough insurance to protect yourself if you're sued. But, don't dig up the sidewalk! The City still "owns" it along with the swale but it's your job to "maintain" them. (When will they transfer maintainence and liability for accidents occuring on the street to the homeowner?)
When I learned I was liable, I called the City because several months before, the City marked two sections of walk in front of my house with paint to indicate that the City was going to replace them. I was told they marked so many that they decided to let the residents foot the bill. I had mine ground down by a contractor recommended by the City to avoid problems.
By
Anonymous, at Tuesday, August 08, 2006 9:13:00 AM
I'm not sure many Marco residents know it, but about a year ago (maybe it was a bit more recently) our City Fathers transferred the maintenance and liability for accidents on sidewalks from the City to the homeowner. Previously, the City maintained the sidewalks and accepted liability if someone tripped. Now it's up to you! Hope you have enough insurance to protect yourself if you're sued. But, don't dig up the sidewalk! The City still "owns" it along with the swale but it's your job to "maintain" them. (When will they transfer maintainence and liability for accidents occuring on the street to the homeowner?)
When I learned I was liable, I called the City because several months before, the City marked two sections of walk in front of my house with paint to indicate that the City was going to replace them. I was told they marked so many that they decided to let the residents foot the bill. I had mine ground down by a contractor recommended by the City to avoid problems.
By
Anonymous, at Tuesday, August 08, 2006 9:13:00 AM
My reading of the city ordinance is slightly different. I agree that the owner needs to inspect their sidewalk. But what the ordinance does say is that if the damage was NOT caused by the owner, then the city will repair it upon being notified by the owner or his agent.
So, if the sidewalk in front of my house is damaged and the damage is caused by something outside of my control or doing, then upon the city being notified, they will fix it. So ......... when the oak tree that the city planted in the city-owned swell starts growing and the roots tear up the sidewalk in front of my house, the city will repair it. Or so the ordinance says....
The oridinance is moot on damaged sidewalks that are NOT reported by the owners. Namely it makes no mention if the city will do anything if a non-owner notifies the city. As in the expose on this blog, will the city do anything about the damaged and dangerous sidewalks that they have been alerted to - but alerted to by a non-owner (me) of of properties to where those bad sidewalks are?
This is a big loophole that should be addressed.
Here is the ordinance.
================
Sec. 42-36. Duty of abutting property owners to construct and maintain sidewalks.
(a) Generally. It shall be the duty of every owner of property to construct or reconstruct, maintain and keep in good condition and repair, sidewalks in front of or abutting upon the owner's property. It is unlawful for any owner, occupant or agent of any property to allow a sidewalk in front of or abutting such property to remain in a condition that renders it unsafe, dangerous or detrimental for the purpose for which it is intended. Any sidewalks damaged during new construction or renovation is presumed to be caused bythe owner or the owner's agent undertaking construction or renovation. It shall be the owner's responsibility to promptly repair or replace any sidewalk damaged during construction or renovation at the owner's expense.
(b) Duty to inspect. A property owner, occupant or agent shall inspect all sidewalks in front of or abutting upon the owner's property for unsafe conditions. Where a sidewalk is in the public right-of-way and is in an unsafe condition, the property owner, occupant or agent thereof, or third party shall immediately notify the city of any unsafe condition by written notice. Upon investigation and determination by the city that the condition was not caused by action of the owner, occupant or agent thereof, or third party, the city will not charge the owner, occupant, agent or third party if the city repairs the condition. If it is determined that the owner, occupant or agent thereof, or third party caused the damage, then the person who caused the damage shall be required to repair or replace the damage in the manner provided in this division for the construction of new sidewalks at said person's own cost; or pay the city to make such repairs or replacement. If the property owner, occupant or agent thereof fails to notify the cityof any unsafe condition caused by a third party, the property owner, occupant or agent cannot raise the defense to a claim of liability that the unsafe condition was caused by a third party. If the owner, occupant, agent or third party does not repair or replace the damage or otherwise pay the city, the city shall assess the owner of the property for costs incurred by the city for repairs or replacement. Such assessment, if not paid within 30 days, shall become a lien against the property or as provided inthis Code or state law.
(c) Encroachments. It is the duty of each owner of abutting property to maintain the sidewalk and driveway apron in such a way that it is free of overgrowth of grass, weeds, sand, debris, and encroachments. A clearance zone encompassing the entire width of the sidewalk by 7 1/2 feet in height shall be maintained. Vegetative encroachments are not permitted.
By
Anonymous, at Monday, August 14, 2006 12:14:00 PM
Have you had clarification regarding section(b) we were just cited for uneven sidewalks.
By
Unknown, at Friday, May 10, 2019 11:49:00 AM
No. Its been years. Until the Syndicate relinquishes control of the city and the immoral behavior ceases (cheating wives, con men with felony convictions fleecing customers then filing for bankruptcy, etc..) there will be no relief for honest citizens. Best you can do is move out of Marco Island.
By
Anonymous, at Friday, May 10, 2019 12:06:00 PM
Post a Comment
<< Home