HomeMy WebLinkAboutJelinski, Sidewalk Repair and Maintenance 001
To: Bozeman City Commissioners
Fr: Jack and Jane Jelinski
Re: Sidewalk Repair and Maintenance
Date: November 17, 2014
My name is Jane Jelinski and I live at 433 N.Tracy Avenue. My husband Jack and I have
reported the hazardous sidewalk s on the 400 block of N. Tracy once a year for the past four
years. Public Works Director Craig Woolard is the first to respond, and actually came to inspect
the situation. Finally this spring he conducted an inventory of all sidewalks east of Wilson, and
gave notice to property owners about their responsibilities under BMC §12.20.035. This
provision requires property owners to maintain or repair all sidewalks adjacent to their property.
They are liable for any damages to people or property caused by their failure to maintain
damaged sidewalks. The city may notify property owners in writing when sidewalk repairs are
necessary, giving them 30 working days from receipt of notice to repair the sidewalks. If
repairs are not made,the City may have the sidewalk replaced at the expense of the owner. We
replaced our sidewalks several years ago at our own expense when the City indicated they
needed repair.
This is not a trivial issue. We walk these sidewalks every day, and they are a safety issue. We
don't want to be cranky neighbors,but this is a safety concern. In addition to safety concerns,
here are some more reasons that should compel the city to enforce its ordinance:
• Because these sidewalks are so damaged,they cannot be shoveled when it snows,and we
have to walk in the street all winter.
• Your insurer,MMIA has conducted seminars and workshops on the liability
municipalities incur when they fail to enforce their ordinances, and advise that they are
not responsible for insurance claims when the city is negligent.
• We live in the Historic Preservation District. City zoning codes affirm that these
neighborhoods have historic value and provide quality housing that contributes to the
quality of life in our wonderful city.
0 Neglect of infrastructure devalues neighborhoods.
We understand that some property owners will complain about the cost,but it is a basic
responsibility of homeowners and is not an unreasonable requirement. We would be most
grateful if the City would enforce its Municipal Code.
I have a number of pictures of the sidewalks on N. Tracy. Thank you for your time and
consideration.
Respectfully submitted,
Jack and Jane Jelinski
433 N. Tracy Avenue
Bozeman,MT 59715
406-587-8367
jjjelinski@msn.com