Section 11: Sidewalk and Curb Maintenance

The present Sections 913 and 915 of the City Code of Morgantown assign primary responsibility for sidewalk and curb re-construction, repair and maintenance to the property owner (Section 913.03). Should the property owner fail to act upon disrepair or dilapidated conditions, the City Manager is empowered to “cause such work be done” and to assess the cost plus a 20% commission for personnel costs for supervision and collection over and above the actual cost of the work. The total cost, if not paid directly, shall be assessed as a lien against the property (Sections 913.09, 913.12, and 915.04).

With the revision in sidewalk funding policies as set forth in this Plan (Section 10) the above cited articles will need to be revised to assign proportionate responsibility for sidewalk structural maintenance for both connecting network sidewalks (CNS) and neighborhood access sidewalks (NAS).

On the matter of maintenance and removal of snow, ice and dirt, the municipal code in Article 913.11 assigns responsibility to the property owner, lessee or occupant of the property abutting any street upon which a sidewalk is located. In the event that a property owner, lessee or occupant of any property does not maintain a sidewalk free from snow, ice, dirt, or refuse, the City Manager is empowered to give a 24-hour notice, excluding Sundays, to remove the snow, ice, dirt or refuse. If the City Manager has to “cause the same to be done”, the cost “shall be assessed against such property and become a lien against such property in the manner provided for in Section 913.09.”

The Board recommends that the above ordinances be enforced, particularly in relation to dirt accumulations and especially following the construction and/or reconstruction of any CNS or NAS throughout the City.

All sidewalks located in the central city are classified as CNS. The City Public Works Department has established a sidewalk clean-up capacity with the use of a sidewalk sweeper which is utilized daily (except for Thanksgiving and Christmas) with extra capacity on “heavy days” (i.e., Friday, Saturday and Sunday). This service enables downtown sidewalks to be cleaned and picked up to allow the central city area to be presentable every day of the year.