Sidewalks
In Lexington, Kentucky, sidewalk maintenance is the responsibility of the property owner. You can contact LFUCG Code Enforcement to determine if your sidewalk needs to be repaired. If Code Enforcement determines the sidewalk needs to be replaced, you may be eligible for 50% reimbursement of the cost, regardless of household income. Some property owners may be eligible for 100% reimbursement. You must contact Code Enforcement prior to the repairs to receive financial assistance. Funds are available on a first-come first-served basis each year. Individuals are encouraged to report sidewalks in need of repair by contacting Lexcall at 425-2255 or Online.
While the City generally owns all sidewalks in the city, repair and maintenance falls onto the property owner of the area the sidewalk is running through. However, when it comes to downtown Lexington, there is quite a different precedent; many of the sidewalks will be replaced over the coming years (with public money) in preparation for the Alltech FEI World Equestrian Games in 2010.
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Reporting
If you feel a sidewalk needs to be inspected, you may call the Division of Code Enforcement, who will inspect the sidewalk. Code Enforcement seldom cites for sidewalk issues that are not reported.
Citations
While the actual ordinance for sidewalk enforcement is vague, it is ultimately left up to code enforcement to decide what needs to be cited for repair or replacement [1]. When looking at gaps or bulges in sidewalks, Code Enforcement will cite a sidewalk for repair if there is a separation of 1/4 inch, whereas they will order the sidewalk be replaced with there is a separation of 1 inch. Generally speaking, the enforcing officer is looking for a hazard so that could cause a person-mainly elderly or person in a walker) to injure themselves.
When being cited, the code enforcement officer will mark the sidewalk with a spray painted dot if the violation needs repair, and a spray painted 'x' if it needs to be replaced. The property owner will then be given a written citation.
Presently, there is no pamphlet that Code Enforcement hands out, or information online to let people know if their sidewalks need repair. There is only information of the reimbursement program, and time limitations that the offender has to repair their sidewalk before they receive a fine.
Repair
Property owners are responsible for the maintenance of the public sidewalk in front of their property. For residential homeowners only, grant money may be available to assist with making the needed repairs of sidewalks. While Code does allow property owners to fix any problems on their own, they do have a list of suggested concrete businesses that are available to fix the violation.
In certain instances, adult and tenant services will pay to replace damaged sidewalks.
From the Adult and Tenant Services website: "Sidewalk Replacement Assistance: Payment for defective sidewalk panels identified by LFUCG for qualified homeowners. Initial screening process completed on behalf of the Division of Code Enforcement." [1]
Controversy
- Without readily available information, it is difficult for people to know what they need to do to keep their sidewalks up to presently enforced codes.
- Property owners are liable to fix concrete that is not theirs-while they may use it, and cause damage, to it, they are not required to personally fix road ways that are in front of their property.
- Downtown property owners are receiving a pass in replacement, due to the coming Equestrian Games
- Lackadaisical enforcement of present rules in the heart of the city (see photos).
- Lack of enforcement in regard to violations occurring in and around city government buildings.
Photos
Code Enforcement Building
The following photos were taken within 25 feet of the building that Lexington Code Enforcement occupies and were taken in the beginning of March, 2009. All photos represent unsafe sidewalk conditions as defined by Code Enforcement. These violations fall under the responsibility of the owners of the building that the violations are in front of-in this case, the Lexington Fayette Urban County Government.
The first 2 photos are sidewalks that lead to the entrance of the building (the Limestone side), whereas the third was taken of the sidewalk fronting Vine Street.
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Government Center
Sidewalk violations in front of the LFUCG Government Center, which houses Mayor Jim Newberry's Office
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County Clerk's Office
Concrete code violation when walking South on Martin Luther King Blvd, at it's intersection with Main St.
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Vine Street
Unsafe conditions created on the sidewalk running along Vine Street between Limestone and Upper Street-across Limestone from the building that houses Lexington Code Enforcement.
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Courthouse
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Alternatives
- A proposal for San Fernando Valley to repair and maintain all public areas.
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