Eventually the stump was removed, but now that it is seven months later, people are wondering why the sidewalk is still not repaired. This is a very busy stretch of Park Avenue, across from the public library and it is the route to school for many hundreds of students.
I don't know the answer and I don't even know whose problem it is, the property owner's or the city. It just seems that a long time has passed without repairs and thousands of drivers who pass through this main north-south corridor daily see the long-broken sidewalk.
Any thoughts, readers?
--Bernice
Bernice,
ReplyDeleteThanks for calling the attention to this corner. I had asked the same question and so far the arrow points to the city since the tree is on the right of way that is the city's. The slow response to this problem should serve as a cautionary tale for those who believe the city is ready to take on more responsibilities. Maybe now that you are calling attention to this issue the someone who is responsible for this issue will actually spring into action. Maybe.
It's the city's problem but typical Plainfield. This should have been fixed since November. Oh it's too cold is probably the excuse the city is giving.
DeleteHi, Bernice,
ReplyDeleteI reported that problem to the administration quite a while back, when one of my constituents reported it and asked me to drive over to take a look. I was told at the time that it was the property owner's responsibility, but the property is vacant. I was told that the administration would get the property owner to take care of it. I expressed concerns about pedestrians who could get injured (aside from the eyesore and violation aspects), especially young people who are forced into the roadway at that very busy intersection. I was told that if the property owner didn't repair it, the city would do so and put a lien for reimbursement. I know that complaints have been made about it. Clearly, nothing has been done by either entity. I will follow up again.
Rebecca
Rebecca - You should talk to the administration again about this. The tree is on the right of way the town maintains, and I think that removing the stump may be their responsibility. Then, once that has been cleared, the property owner would need to repair the sidewalk.
DeleteBernice...this problem is far to large for something like a city entity to solve. What seems like a simple sidewalk fix has so many layers of responsibility and accountability.
ReplyDeleteThere should be some citizen meetings first, then some studies done, a few city council reviews, get the Mayor's input and by then we can decide that the project needs to move forward.
Then...we'll put it out to bid and find who donated the most to one of the elected officials so their more expensive bid can be taken. Then we have to wait for a budget cycle to got through to increase the expense of the project. After that the problem will be solved over a 2-3week construction project.
THEN and only THEN will anyone be concerned about finding out if the property owner should have been gone after.
If it had been a simple uneven sidewalk it would have been a court case in a matter of weeks and problem resolved.
Unless the local"laws" have changed as I learned form experience when my office was on Park Ave, it depends o n the property line.Inmost cases the sidewalk is inside the property line although there is often part from the street to the sidewalk which is legally part of the "street". That doesn't answer the question but I think the property owner is responsible, however might try to get the city to do so since it may have been its tree. I am sure that there is as usual anignored ordinance on the books.
ReplyDeleteThanks for bringing this update. I spoke and wrote to local councilmen about this back in December and the DPW was contacted by one of them. I was told that since the house is unoccupied and no owner in site that the city would fix this problem and bill the owner. It was a city tree that caused this problem. I see children walking in the street on their way to school and people walking in the street after dark. This is very dangerous and I'm tired of yelling about it. The city needs to take responsibility and do it NOW!
ReplyDeleteThank you,
Bob Bolmer
Additional comment. I always believed that a tree between the sidewalk and street was city property. I have been told that in Planfield that doesn't matter and it is always the property owner's responsibility. If that is true then Plainfield needs actual home addresses and phone numbers of all property owner's so they can be held responsible. We've been talking about this for years and why has nothing been done?
ReplyDeleteThe abutting property owner has the duty and responsibility for maintenance and repair of sidewalks. The City (Director of Public Works or designee) is required to serve notice of need for repair and, if after 30 days the repair is not completed, may cause the repair and certify that cost to the Tax Collector. The Tax Collector After filing the certification with the Tax Collector, the amount becomes a lien on the property. (Section 13:2-1 of the Municipal Code.)
ReplyDeleteWith respect to trees in the right of way, "The Department of Public Works shall have control over all trees located within the streets, rights-of-way and parks and shall have the power to plant, care for, remove and destroy trees, subject to the provisions of this Article." (Section 15:1-5 of the Municipal Code)
Hi, Bernice et al,
ReplyDeleteI received an update on this situation from our Director of Public Works. This has been in court since January, with the last appearance approximately 3 weeks ago. The owner of the property must abate it by 4/13/12, according to the judge who heard the case--otherwise, the city will request to make the immediate repair and place a lien on the property. Due process must still be followed, but I am glad that Mr. Jackson is on top of it.
Rebecca