The Sutherland City Council voted Aug. 11 to adopt Ordinance 11-05, amending the city code to clarify abutting property owners' responsibilities for sidewalk maintenance and adding an indemnification provision. The change passed on a roll-call vote after council discussion and public comment.

The ordinance makes explicit that the cost and liability for maintaining sidewalks adjacent to private property rests with the abutting property owner and adds language requiring property owners to indemnify the city if they are sued over sidewalk-related claims. City Attorney Chad Jacobs and Finance Director Tammy Trowbridge told the council the update reflects a recommendation from the city's insurer and is intended as a housekeeping change, not a new duty.

The measure matters because some residents asked whether the change would create new obligations. During the public comment period, resident Tom Hammerschmidt of 729 South Comstock asked whether adjoining property owners would be required to repair sidewalks and raised concerns about preexisting sidewalk conditions, signage, hydrant painting and parking on sidewalks. Jacobs replied that the common law and prior code already hold abutting owners responsible and that the amendment modernizes and clarifies the language; it does not create new liability.

Councilor discussion noted that the city still performs some work in limited circumstances: the city installs ADA curb ramps and related improvements when a pavement project triggers them, paints hydrants and installs signage, and enforces parking violations. Staff said many older streets are unimproved, so sidewalks may not exist in some neighborhoods; when subdivisions are developed, contractors normally install sidewalks and obligations are conveyed to property owners through deeds or covenants.

Jacobs explained the indemnification clause by saying that, because property owners are liable for damages that occur on abutting sidewalks, the clause clarifies that owners would defend claims themselves rather than the city being obligated to defend and bear related costs.

The council made a motion to approve Ordinance 11-05 as presented. Roll-call votes were recorded as follows: Councilor Sarnoski — Aye; Councilor Hamilton — Aye; Councilor Whitaker — Aye; Councilor Woods — Aye; Councilor DeGos (listed in the record) — Aye. The motion carried.

Discussion items that did not change policy included requests that the city inspect sidewalks before the ordinance takes effect and communicate responsibilities to homeowners; staff said outreach will appear on the city website, newsletter and other channels. The ordinance amendment codifies the existing allocation of responsibilities and adds clarity for property owners and staff going forward.