Cities oppose bill on sidewalk repair notifications
Legislation prompted by the experience of a Minot property owner faced with a sidewalk repair bill in 2022 drew opposition from cities at a hearing before the House Political Subdivisions Committee Thursday.
House Bill 1513 would require cities to give property owners two and half years notice of the need to repair or replace their sidewalks.
“We have some concern with waiting two and half years,” Minot City Manager Harold Stewart testified. “We want these sidewalks repaired and safe for all to travel on, whether they have ADA needs or not, or whether it is our children riding a bike.”
The bill’s sponsor, Rep. Lori VanWinkle, R-Minot, said the Minot resident who requested the House Bill 1513 reported receiving one month’s notice to repair a sidewalk. His family canceled a vacation to use the money for sidewalk repairs.
“Two and a half years seems kind of wild and crazy maybe, but in a small season of construction that we have, versus the amount of money that it could take and the impact that it could have on our citizens to be demanded to replace the sidewalk, I think it’s at least considerate to say it gives them enough time to actually save the money and prepare for it,” VanWinkle said.
Stewart said the City of Minot sends notices of sidewalk repairs after it receives a complaint and staff have documented that a repair is needed. Letters to take care of sidewalk hazards go out in early spring, he said.
In 2022, letters went out on April 29, he said. The options given property owners included finding a licensed and bonded contractor to obtain a permit by July 22 for work to be done that construction season. They also could have chosen to sign a waiver to have the city complete the work and assess them over a 10 year period. The city letters inform property owners they should let the city know within 30 days what their plans are.
In 2022, the city assessed 45 property owners who either signed waivers or did not respond to the April letter or a followup letter in May, Stewart said. He listed the example of one property owner whose bill was $170 a year for 10 years to pay off a $1,700 assessment.
In 2024, the city sent 34 sidewalk notices, Stewart said. Eleven signed waivers for the city to do the work and 15 completed repairs on their own. The remainder did not respond.
“We would prefer not to repair the property owner’s sidewalks. We would prefer they find their own contractor and get it done. But at the same time, I think we have a responsibility on behalf of our public to make sure that these hazards are remedied,” Stewart said.
He added the city will work with property owners and extend deadlines if residents are having difficulties.
Bismarck’s city administrator and the North Dakota League of Cities legislative lobbyist also spoke against the bill.
“I don’t believe that we do need the bill. I think there are adequate processes in place in each city to handle these situations,” said Bill Wocken with the League of Cities.
City representatives asked that the bill simply require that cities give “timely” notification of the need for sidewalk repairs.