Local Government

August 10, 2012

Lexington-Fayette Urban County Government

Mr. David Hollingsworth

Department of Public Safety
200 East Main Street
Lexington, KY 40507

C.C.:  Mayor Jim Gray, Commissioner Clay Mason, Councilwoman Peggy Henson

RE:  Sidewalk Repair Notice

Mr. Hollingsworth,

In early July, I noticed some markings on the sidewalk in front of my house on             .  An avid walker, I knew what these marks meant, as I'd seen them before on adjacent streets and the resulting new sidewalk installation shortly thereafter.  Thinking it a good thing at first, my jubilance was soon replaced with disdain when I realized I was the responsible party for making these repairs, and not the city, even though I neither own the easement or planted the tree responsible for slightly displacing the sidewalk. 

On top of that, a few days later, I received your citation in the mail giving me 60 days to make the repairs or be "subject to civil penalties or prosecution" under the city statute.  While I appreciate you calling this matter to my attention, I do admit that I was a little angry at first.  My anger stemmed from the fact that I was given a mere 60 days to repair a problem I neither created nor felt I was responsible to correct, and foot the bill to boot.  But alas, Section 17-152 clearly outlines my responsibility as a home owner to the sidewalk in front of my house.  And since I am the responsible party and rule follower, I am happy to report I have replaced the damaged portions of the sidewalk as evidenced in the photos below:

 

 What once looked like this... (the neighbors sidewalk up the street):

 

 

 ...is now corrected so there will be no need to subject me to civil penalty.  As a matter of fact, most of the sidewalks on my street "marked for death" are now in proper "legal" shape under the law.  While we can enjoy this newly laid smooth concrete, our pockets are quite a bit lighter as this type of work does not come cheap...but I imagine you are well versed in the cost per cubic yard of concrete installed.

 What's not corrected, however, is the street.  Having done my civic duty by replacing city-owned sidewalk, I now feel it my civic duty to point out your responsibility.  The marked sidewalk above is less than 10 feet from these potholes:

 

 

 Up the street a little further, you'll find these potholes:

 

And all the way at the end, this:

 

Now I don't know about you, but if the aforementioned sidewalk posed a safety hazard, then conventional wisdom would suggest the same logic be used for the street.  Remarkably, upon further  inspection, I could not find any red X's or dots on the city-owned street indicating that they should be corrected or replaced within a specific time frame at the expense of the city, or in this case the taxpayer.

Perhaps this was an oversight but if not, I would like to suggest due diligence on your part when levying citations on taxpayers when similar matters exist within your realm of jurisdiction.

 If I am incorrect and you noted the potholes when citing the sidewalks, I apologize for my insinuations.  I would appreciate, however,  your follow up with streets and roads as the potholes on my street are still in the presented condition today.  It is only fair that they are remedied in the same 60 days I received for my sidewalks.

You have my sincerest appreciation and warmest regards for your follow through on this matter.

Respectfully,

Grant W. Frame