First step is to have Public Works inspect the location and make a determination about the sidewalk. If there is a city factor impacting the sidewalk's condition (ie. tree) then the city is responsible for grinding/repair. If damage is caused by wear/tear/neglect and would pose a safety hazard, we at Public Works will try to alleviate the hazard by patching it and then deem a full repair is the "resident's responsibility".
In some cases, if area being impacted is severe and involves more than one address, area can be reviewed by the Resource Allocation Committee for a major project. Engineering would oversee new sidewalk replacements.
We at Public Works will always work with property owners to explore how best to get the work done.
'Right-of-way' shall mean the accepted area for public use as defined by the state's statutes, and as accepted by
the city's board of aldermen. The right-of-way is influenced by the following four (4) city departments:
"Department of public works is responsible for its overall maintenance and use;(2)City engineer is responsible
for infrastructure improvements, engineering standards and the design of major repairs;(3)Department of
traffic and parking is responsible for the safe movement of traffic including people, vehicles and trucks;
and(4)Department of parks, recreation and trees is responsible for trees and tree pits within the right-of-way."
New Haven Code of Ordinances, Sec. 27-2
"The city engineer in consultation with the director of the department of public works is responsible for the
repair of sidewalks as funded by the board of aldermen."
New Haven Code of Ordinances, Sec. 27-102
"After due notice is given to an abutting property owner to repair a structurally defective sidewalk, the director
of the department of public works is authorized to cause such repairs to be made if such owner fails to do so
within thirty (30) days after such notice has been given. Such repairs are to be those that he/she believes are
necessary to insure reasonable and safe use by the public, including the laying of curbs, sidewalks and gutters.
The cost of the laying of any such sidewalk and the making of such repairs shall become a lien upon such
property collectible as in the case of sewers and permanent street pavements."
New Haven Code of Ordinances, Sec. 27-103
Thank you, David, for this lengthy, detailed but unhelpful reply. Besides our house on Edgewood Mall with the disappearing 125 y.o. bluestone curbs, we also own another house just around the corner on Winthrop Avenue. Last summer the sidewalks and curbs on both sides of Winthrop were replaced there —from Whalley to Chapel— and we never received any advance notice of the proposed project, nor any notice of a lien after completion.
At the same time a similar renewal was completed on Maple, a short, quiet, residential street a block away. The previous summer, Sherman and Elm area. Edgewood, on the other hand, has lots of traffic both foot & auto and is in fact a morning commuter route from Westville to downtown. The Edgewood West traffic project has stalled before completion, and we are surprised new curbs & sidewalks were not part of it —although Edgewood Avenue *west* of the park got spiffy new curbs and a raised bike lane. Don't the tax-paying residents on this side of the park deserve similar improvements?
You may feel that shoving the law in the face of city officials who ignore the law is unhelpful because the wheels of Justice spin slowly and because "Federal law prohibits the disclosure of the contents of communications with the US Attorney's Office."
I can quote from the minutes of the April meeting of the Commission on Disabilities:
"Sidewalk Update – New Haven continues to work on addressing sidewalk accessibility issues. In April, city staff will be meeting with members of the Civil Rights Division of the US Attorneys Office to provide them with information our plans for sidewalk improvements." :
The Edgewood Ave. project is defined by Federal law as an "alteration" that requires that a municipality spend up to 20% of the project cost on remediation of violations of Section 504 of the Rehabilitation Act of 1973 and/or of the Americans with Disabilities Act. It has ignored that requirement.
The reason that the City of New Haven is installing protected bike lanes and ignoring the safety of pedestrians and the rights of the members of a protected class is clearly shown in this news article.
6 Comments
Acknowledged Executive Administrative Assistant - Department of Parks & Public Works (Verified Official)
First step is to have Public Works inspect the location and make a determination about the sidewalk. If there is a city factor impacting the sidewalk's condition (ie. tree) then the city is responsible for grinding/repair. If damage is caused by wear/tear/neglect and would pose a safety hazard, we at Public Works will try to alleviate the hazard by patching it and then deem a full repair is the "resident's responsibility".
In some cases, if area being impacted is severe and involves more than one address, area can be reviewed by the Resource Allocation Committee for a major project. Engineering would oversee new sidewalk replacements.
We at Public Works will always work with property owners to explore how best to get the work done.
Executive Administrative Assistant - Department of Parks & Public Works (Verified Official)
David Agosta (Registered User)
'Right-of-way' shall mean the accepted area for public use as defined by the state's statutes, and as accepted by
the city's board of aldermen. The right-of-way is influenced by the following four (4) city departments:
"Department of public works is responsible for its overall maintenance and use;(2)City engineer is responsible
for infrastructure improvements, engineering standards and the design of major repairs;(3)Department of
traffic and parking is responsible for the safe movement of traffic including people, vehicles and trucks;
and(4)Department of parks, recreation and trees is responsible for trees and tree pits within the right-of-way."
New Haven Code of Ordinances, Sec. 27-2
"The city engineer in consultation with the director of the department of public works is responsible for the
repair of sidewalks as funded by the board of aldermen."
New Haven Code of Ordinances, Sec. 27-102
"After due notice is given to an abutting property owner to repair a structurally defective sidewalk, the director
of the department of public works is authorized to cause such repairs to be made if such owner fails to do so
within thirty (30) days after such notice has been given. Such repairs are to be those that he/she believes are
necessary to insure reasonable and safe use by the public, including the laying of curbs, sidewalks and gutters.
The cost of the laying of any such sidewalk and the making of such repairs shall become a lien upon such
property collectible as in the case of sewers and permanent street pavements."
New Haven Code of Ordinances, Sec. 27-103
PathMaker (Registered User)
Thank you, David, for this lengthy, detailed but unhelpful reply. Besides our house on Edgewood Mall with the disappearing 125 y.o. bluestone curbs, we also own another house just around the corner on Winthrop Avenue. Last summer the sidewalks and curbs on both sides of Winthrop were replaced there —from Whalley to Chapel— and we never received any advance notice of the proposed project, nor any notice of a lien after completion.
At the same time a similar renewal was completed on Maple, a short, quiet, residential street a block away. The previous summer, Sherman and Elm area. Edgewood, on the other hand, has lots of traffic both foot & auto and is in fact a morning commuter route from Westville to downtown. The Edgewood West traffic project has stalled before completion, and we are surprised new curbs & sidewalks were not part of it —although Edgewood Avenue *west* of the park got spiffy new curbs and a raised bike lane. Don't the tax-paying residents on this side of the park deserve similar improvements?
David Agosta (Registered User)
You may feel that shoving the law in the face of city officials who ignore the law is unhelpful because the wheels of Justice spin slowly and because "Federal law prohibits the disclosure of the contents of communications with the US Attorney's Office."
I can quote from the minutes of the April meeting of the Commission on Disabilities:
"Sidewalk Update – New Haven continues to work on addressing sidewalk accessibility issues. In April, city staff will be meeting with members of the Civil Rights Division of the US Attorneys Office to provide them with information our plans for sidewalk improvements." :
The Edgewood Ave. project is defined by Federal law as an "alteration" that requires that a municipality spend up to 20% of the project cost on remediation of violations of Section 504 of the Rehabilitation Act of 1973 and/or of the Americans with Disabilities Act. It has ignored that requirement.
The reason that the City of New Haven is installing protected bike lanes and ignoring the safety of pedestrians and the rights of the members of a protected class is clearly shown in this news article.
: https://www.nhregister.com/news/article/New-Haven-dedicates-new-contra-flow-bike-17436604.php
Killian Gruber, Coordinator of Resident Services (Verified Official)
This issue has been marked as a duplicate of issue 10579351.
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