Councilor pledges ordinance after residents describe aggressive sidewalk citations

Residents filled the council chamber to criticize recent sidewalk enforcement and urged the township to make people whole after citations they said used a new, stricter standard.

"The standard that was applied was a standard that was for new construction," said Councilor Eric Damato, who said he will draft legislation to address compensation and include street trees in any solution. Multiple speakers said enforcement used a tougher measurement than previously applied and described paying thousands of dollars to repair sidewalks, with one attendee saying "people in my neighborhood spent collectively $20,000" on repairs.

Several speakers said code enforcement directed residents to specific contractors and, in at least one account, recommended removal of a street tree that a neighbor later had taken down. A resident who had documented her sidewalk before repairs urged the council to investigate whether enforcement followed proper procedure.

Damato acknowledged the problem and warned of legal and administrative limits on retroactive relief. He said the manager or a designee would need discretion to administer any compensation and promised "there will be legislative language at the next meeting." He also said the council will try to write rules that limit open-ended claims to avoid a costly legal morass.

The council and residents debated whether the sidewalk standard had been misapplied only on Montclair streets or more broadly; Damato said some standards come from state guidance and that the town’s code-enforcement office operates with a degree of operational independence. He pledged to work with residents and counsel on an ordinance that balances fairness with legal risk.

Next steps: Damato committed to drafting legislative language and acknowledged the council will consider the manager’s recommendations, limitations tied to discretionary authority, and potential budget implications for any compensation program.