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Council adopts public-right-of-way maintenance ordinance, removes fine provision after amendments
Summary
St. Joseph County Council approved a new public-right-of-way maintenance ordinance requiring adjoining property owners to keep sidewalks and approaches clear and in repair, but the council removed the section authorizing fines and added clarifying language about timing for repairs.
St. Joseph County Council approved an ordinance establishing standards for maintenance of public rights of way, including owner/occupant responsibility for sidewalks, private approaches and obstructions that interfere with vehicular or pedestrian traffic.
The proposed ordinance was presented by county staff as filling a gap: unlike neighboring jurisdictions, the county has not previously had a comprehensive code section spelling out right-of-way maintenance responsibilities. The measure drew public comment and council questions about the burden on older or fixed-income homeowners and on homeowners associations.
Councilman Tanner offered two amendments during the meeting: removal of the section that would impose fines or other remedies for noncompliance, and clarified language describing when an owner or occupant must clear obstructions “upon the completion of public right-of-way improvements.” Tanner said the intent was to avoid punitive enforcement against residents who could not reasonably perform maintenance while keeping a safety focus on hazardous debris or storm-related obstructions.
County staff acknowledged concerns raised by HOA representatives and rural residents, and the county engineering representative discussed snowplow priorities and practical constraints in rural cul-de-sacs and low-density areas. After debate the council approved the ordinance with the amendments; the roll call in the minutes shows the ordinance passed (vote recorded in the minutes as 6-3). The ordinance as adopted directs owners to remove obstructions that present a safety risk and clarifies that the county will not immediately adopt punitive enforcement in the ordinance’s first iteration.
Why this matters
The ordinance sets county-wide expectations for right-of-way upkeep, which affects pedestrian safety where sidewalks exist and reduces hazards from storm debris. Because enforcement penalties were removed, implementation will depend on outreach and voluntary compliance, coordinated with county public-works and planning staff.
What happens next
County staff will implement the ordinance and provide guidance for residents and HOAs on compliance timelines. The council retained the option to revisit enforcement provisions in future sessions if compliance and safety outcomes merit stronger remedies.
