By Terry Witt – Spotlight Senior Reporter

A Williston ordinance adopted at least 60 years ago drew fierce criticism Tuesday for language suggesting that that city council can force property owners in Williston to build, own, and maintain city sidewalks.

The ordinance was brought to the council’s attention by Mayor Jerry Robinson on May 22. He appeared astonished that a law with those requirements was on the books.

Former Mayor Gerald Hethcoat, who made an appearance at Tuesday’s council meeting, seemed flabbergasted.
“I just saw that two weeks ago and when I saw it I came unglued,” Hethcoat said.

Council members agreed that City Attorney Fred Koberlein should remove language saying property owners can be forced to build sidewalks. Koberlein didn’t think it was legal.

“Does this council want to strike the language requiring property owners to build sidewalks? I don’t believe it’s enforceable,” Koberlein said.

The council told Koberlein to return with a rewrite of the ordinance at the next council meeting, but when he asked for more time to research legal issues, the council agreed to extend the deadline.

City Manager Scott Lippmann said his research indicates the ordinance was adopted in 1958 or earlier. It was part of the 1958 city code.

This is what the ordinance says:

“Section 34.3 – Construction and repair of sidewalks; duty of property owner; procedure upon failure of owner to act.
“It shall be the duty of the city council to designate certain streets or parts of streets where sidewalks shall be constructed and maintained at the expense of the owner of real estate along which such sidewalk shall be constructed and maintained. The owners of real estate within the city shall construct and always keep in good repair, at their own expense, good and substantial sidewalks around their lots, which shall always be the width prescribed by the city, and upon their failure so to do, the mayor shall notify them of such neglect, and that if not done by them in 30 days, the city shall have the work done by the city at the expense of the owner of the lot, which shall be a lien on the lot and be enforced in the same manner as a mechanics’ lien. The notice shall be in writing and specify the kind of sidewalk to be built or the repairs to be made.”

In the agenda materials, Lippmann offered council members six discussion topics relating to the sidewalk ordinance. They could repeal the entire ordinance and not replace it; replace existing language with other language; discuss whether sidewalks should be in all areas of the city or only in designated areas; discuss liability issues related to maintenance of sidewalks; talk about sidewalk construction standards; discuss whether the maintenance of grass between existing sidewalks and road right of way should be the city’s responsibility or the property owner’s.

Robinson cited one portion of the ordinance requiring the mayor to notify a property owner if they have violated the ordinance. He wondered if that meant he would have to notify himself.

“It’s a little ambiguous the way I’m reading it,” Robinson said.
Council President Nancy Wininger said she wouldn’t favor the city accepting liability for sidewalks. She felt the liability should rest with the homeowner, not the city.
Robinson said Wininger was suggesting that if the city built a sidewalk, the homeowner would shoulder liability if someone got hurt.

“You’re wrong!” Robinson said.

He said he didn’t agree with Wininger.

“Repeal it. That will take care of it,” he said.

Lippmann noted that the city requires subdivision developers to build sidewalks in their projects.

Hethcoat capped off the discussion with a bit of homespun wisdom.

“I don’t mind if you build a sidewalk in front of my home if you maintain it,” he said.

Photos by Terry Witt:

1. Williston City Attorney Fred Koberlein was assigned to rewrite the portion of the ordinance requiring property owners to build sidewalks. Behind him is City Manager Scott Lippmann.

2. Council President Nancy Wininger said she thinks property owners should be liable for sidewalks, not the city.

3. Mayor Jerry Robinson said the sidewalk ordinance should be repealed.

City of Williston Regular Meeting June 5, 2018
Posted June 7, 2018