posted on May, 31 2009 @ 09:29 AM
I really hope the residents of the city stand behind him on this. Several places I have lived it was illegal to put anything on the "parkway" the
area between the sidewalk and the yard. However, it was my responsibility to maintain said parkway or I would be fined. I never "adopted" the
parkway, and I did not own it.
I had a similar problem with the sidewalk itself. At one of my rental properties, the city sidewalk had a huge tree root tearing it up. The
impossible situation was: 1. If my tenants complain and subsequently get hurt, I am liable. 2. If I attempt to fix the sidewalk and damage the tree
I am liable. 3. When I called the city, I was informed it was my responsibility to maintain. 4. If I attempted to maintain it, it would require
permitting, and plans, including an environmental impact study for the old tree.
So, I decided to rope off the area and limit access in order to limit liability. This was also met with a citation and threat of fine. It was not my
sidewalk to limit access to. Luckily, I had a friend in a wheel chair who was able to file ADA complaints and force the city to fix the sidewalk on
their dime, and without all the permitting!
Moral of story. Rules, fines, statutes, and definitions are written fluidly so as to be interpreted for whatever suits the governments needs and your
only hope is to find a higher echelon of government to pull rank.