City attorney: public funds cannot be used on private roads; special assessment is lawful alternative
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Summary
Sanford’s city attorney advised that public funds generally cannot be used to repair private roads and identified a special-assessment approach as the lawful option; staff will prepare a basic steps memo for affected neighborhoods on how to pursue a special assessment.
The city attorney briefed the commission on private roads and special assessments, stating the city cannot use public funds to address maintenance or repair of private roads irrespective of underground utilities. The attorney said many private roads are legally designated in master plans or dedicated to homeowners’ associations; that legal designation, or recorded dedication to an HOA, keeps the roads private even if physically accessible from public streets.
Given those limits, the attorney said a special assessment is the best and most lawful alternative when residents want the city to undertake work on private roads. He explained the practical process: neighborhoods typically must retain their own engineers or experts to estimate costs; the city can assist administratively but must walk a fine line because direct use of public funds on private property is restricted. The attorney referenced prior practice in 2009 as an example of how assessments were used.
Commissioners asked how the city would determine costs and resident interest; staff replied the neighborhood would start by hiring experts to prepare cost estimates, then the city would coordinate assessment mechanics if the neighborhood chooses to pursue it. The commission requested staff prepare a concise memo outlining the basic steps for neighborhoods to pursue a special assessment.
